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DELHI HIGH COURT
JYOTI SINGH
Welcome Shoes Private Limited – Appellant
Versus
Retro Footwears Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. settlement terms between the parties. (Para 2) |
| 2. court decrees settlement terms. (Para 3 , 4) |
| 3. refund of court fees entitlement. (Para 5 , 6 , 7) |
| 4. appreciation of amicable settlement efforts. (Para 8) |
| 5. withdrawal of petitions following settlement. (Para 9 , 10) |
JUDGMENT
Jyoti Singh, J. (Oral)
CS(COMM) 336/2022 & I.A. 7984/2022 (under Order 39 Rules 1 and 2 CPC, by Plaintiff), 7985/2022 (under Order 26 Rule 9 CPC, by Plaintiff), 14773/2022 (under Section 124 of the Trade Marks Act 1999, by Defendants) and 14779/2022 (under Section 124 of the Trade Marks Act 1999, by Plaintiff)
1. Mr. Amit Chauhan, Defendants' Director is present in the Court today.
2. With a view to put a quietus to the litigation, Defendants have agreed to amicably resolve the disputes between the parties and it is agreed between the parties as under:
(A) Defendant and its group companies shall withdraw the following trademarks or any other similar/identical trademarks within a period of one week from today:
| SL. No. | APPLICATION NO | Label |
| 1 | 2925933 |  |
| 2 | 2925934 |  |
| 3 | 3339076 |  |
| 4 | 3339077 |  |
| 5 | Retro Group India bure Calzature (label) |  |
| 6 | Retro Group India bure Calzature (label) |  |
(B) Defendant shall not use any mark decepti
Amicable settlements in trademark disputes are encouraged, binding parties to terms agreed upon to reduce litigation and facilitate cooperation.
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
The central legal point established in the judgment is the recognition and enforcement of a lawful settlement between parties under Order 23 Rule 3 CPC, leading to the decree in favor of the settling....
The court affirmed that parties may resolve trademark disputes through settlement, provided the terms are adhered to and recognized by the court.
Court authority to record settlements under Order 23 Rule 3 CPC is affirmed, along with provisions for awarding costs to Plaintiffs in cases of trademark infringement.
Settlement agreements under Order XXIII Rule 3 CPC can lead to the decreeing of a suit in accordance with the terms of the settlement, effectively resolving the disputes between the parties.
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
The court applied Order XXIII Rule 3 of the CPC to decree the suit in terms of the settlement reached between the parties.
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