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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Ashwani Kumar – Appellant
Versus
Aditya Mannohar Bhide – Respondent
| Table of Content |
|---|
| 1. request for court fee refund following settlement. (Para 1 , 1 , 6) |
| 2. dispute resolved by mediation agreement. (Para 2 , 3 , 4) |
| 3. court recognizes binding nature of settlement. (Para 5 , 7 , 8) |
| 4. appeal dismissed due to compromise settlement. (Para 9 , 10) |
| 5. judgment copy to be provided and uploaded. (Para 11) |
1. By way of the present application, appellant prays as under:
"a. Permit the appellant to deposit demand draft bearing no.235487 dated 22.04.2022 for Rs.76,20,00,000/- drawn on State Bank of India with The Registrar General of this Court;
b. Pass a decree in terms of the Settlement Agreement dated 20.04.2022 executed between the parties;
c. Allow the appellant to obtain refund of the court fee of Rs.1,36,80,000/-."
2. Vide order dated 09.02.2022, the matter was referred to Delhi High Court Mediation and Conciliation Centre for parties to explore possibility of settlement through mediation.
3. Learned counsel for the parties inform that subject matter of the dispute existing between the parties has been amicably resolved in terms of Settlement Agreement dated 20.04.2022 passed by Delhi High Court Mediation and Conci
Mediation can effectively resolve disputes, allowing courts to decree settlements and refund court fees under relevant provisions when matters are amicably settled.
The main legal point established in the judgment is the entitlement of parties to seek a decree in terms of a Settlement Agreement reached through mediation and the refund of entire court fees as per....
Compromise reached through mediation is binding on parties, warranting a court fee refund due to early resolution before issue framing.
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.
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....
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.
Enforceability and orderliness of the settlement agreement leading to the disposal of the suit and binding the parties to its terms
Court acknowledges binding Settlement Agreement and permits full court fee refund as per established precedents.
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