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DELHI HIGH COURT
SURESH KUMAR KAIT
Giani S Foods Private Limited – Appellant
Versus
Keshav Aggarwal, Trading as M/s. Keshav Foods – Respondent
| Table of Content |
|---|
| 1. filing for trademark infringement (Para 1 , 2) |
| 2. settlement of disputes (Para 3 , 6 , 7) |
| 3. counsel submissions on settlement (Para 4 , 5) |
| 4. court fee refund entitlement (Para 9 , 10) |
| 5. conclusion of suit disposition (Para 11) |
The hearing has been conducted through video conferencing.
1. The captioned suit has been filed by the plaintiff seeking permanent injunction restraining infringement of trademarks, trade dress and passing off, etc. against the defendants.
2. Vide order dated 19.03.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for making an effort to amicably resolve their disputes.
3. Today, learned counsel for parties jointly submitted that plaintiff and defendants have amicably settled their disputes before the Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement dated 22.10.2021.
4. Learned counsel for the plaintiff submits that in terms of aforesaid settlement, the present suit be decreed against defendants.
5. Learned counsel appearing on behalf of defendant submits that the defendant undertakes to abide by the terms of aforesaid Settlement Agreement dated 22.10.2021
Amicable settlement in trademark infringement leads to decree of suit and entitlement to court fee refund per established judicial 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.
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.
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.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
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....
Mediation facilitated an amicable resolution, allowing for a decree based on a Settlement Agreement and a refund of court fees as established by prior judicial decisions.
Point of Law : Practice and Procedure - Refund of court fees - Suit is decreed in terms mentioned in Settlement Agreement through Delhi High Court Mediation and Conciliation Centre between parties. D....
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