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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Tata Sons Private Limited - Appellant
Versus
Bharat Bhushan Udiniya - Respondent
CS(COMM) 408 of 2020 & I.A. 8803 of 2020
Decided On : 22-12-2021
| Table of Content |
|---|
| 1. plaintiff's suit filed for trademark infringement. (Para 1 , 2 , 3) |
| 2. counsel agrees to terms of settlement. (Para 4 , 5) |
| 3. suit disposed of in terms of settlement. (Para 6 , 7 , 10) |
| 4. entitlement to refund of court fees affirmed. (Para 8 , 9) |
1. The present suit has been filed by the plaintiff for infringement of trade mark and designs, passing off; unfair competition; damages and delivery up against the defendants.
2. Vide order dated 17.08.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve the disputes.
3. This Court is informed that the parties have mutually settled their disputes and the terms of the settlement have been incorporated in Settlement Agreement dated 07.12.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 07.12.2021 has come on record.
4. Learned counsel appearing on behalf of defendants submits that the defendants undertake to abide by the terms of aforesaid Settlement Agreement dated 07.12.2021.
5. Learned counsel for the plaintiff submits the terms of settlement are incorporated in the aforesaid Settlement Agreement dated 07.12.2021 and the present suit be disposed of in terms thereof.
6. Accordingly, the present suit is disposed of in terms of Settlement Agreement dated 07.12.2021. Needless to say, parties shall remain bound by the terms thereof.
7. At this stage, learned counsel for the plaintiff prays for refund of entire court fee.
8. A Division Bench of this Court in Nutan Batra v. M/s. Buniyaad Associates, 2018 SCC OnLine Del 12916, while relying upon decision of Hon'ble Supreme Court in Afcons Infrastructure Limited v. Cherian Varkey Construction Company Private Limited, (2010) 8 SCC 24, had allowed an appeal against the order of refusal of refund of entire court fee in a suit. Further, a Coordinate Bench of this Court in Munish Kalra v. Kiran Madan and Others, 2019 SCC OnLine Del 8021: 2019(2) RLR 4 taking into account the fact that the dispute stands amicably settled between the parties, had relied upon decisions in Afcons Infrastructure Limited (Supra) and Nutan Batra (Supra) and directed refund of the entire court fees.
9. In view of aforesaid decisions, this Court finds that the plaintiff is entitled to refund of entire court fees. Registry is directed to issue necessary certificate/authorization in favour of the plaintiff to seek refund before the appropriate authorities.
10. In view of above, present suit and pending applications are accordingly disposed of.
Refund of court fees in settled dispute cases.
A settlement agreement reached by parties in trademark disputes is valid and can lead to a decree in its terms, including the refund of court fees based on amicable resolution.
The court decreed the suit in terms of the valid and lawful Settlement Agreement and granted the plaintiff a refund of the entire court fees based on previous court decisions.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
Parties may resolve disputes through a valid Settlement Agreement, which the court can incorporate into a decree, and the plaintiff may be entitled to a refund of court fees upon settlement.
The court upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
A valid Settlement Agreement reached through mediation can lead to a decree of the suit, and plaintiffs may be entitled to a refund of court fees when disputes are amicably resolved.
Amicable settlement in trademark infringement leads to decree of suit and entitlement to court fee refund per established judicial precedents.
The validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
The court's decision was primarily based on the validity and lawfulness of the Settlement Agreement, as well as the entitlement of the plaintiff to a refund of entire court fees based on relevant leg....
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