Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Saurabh Banerjee
Belle Wears Private Limited – Appellant
Versus
Hobby Garments Private Limited – Respondent
ORDER :
I.A. 8428/2025 (Application filed under Order XXIII Rule 3 read with Section 151 of the CPC)
1. This is a joint application under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908 (CPC) filed on behalf of the plaintiff and the defendant seeking a consent decree based on the terms of settlement as mentioned in para 3 of the present application, which is reproduced as under:-
“3. The following settlement has been arrived at between the parties hereto:-
and other formative marks/label as mentioned/ referred in para 4 of the plaint in CS (Comm) No. 329/2024 for the goods falling under various Classes as mentioned in the plaint.b) That the defendant also admit and acknowledge the plaintiffs copyright in the artistic features of the packaging/ labels as mentioned/referred in para 6 of the plaint including their distinctive scripts, positions and placing of features, their respective get ups, lay outs, combination of colours and arrangements of general and descriptive materials in respect of above said goods.
The court upheld a consent decree based on a lawful settlement between parties regarding trademark and copyright rights, allowing for a refund of court fees.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
The main legal point established in the judgment is the entitlement of parties to claim a refund of court fees under Section 16 of the Court Fees Act upon reaching a settlement and withdrawing their ....
Amicable settlements between parties are entitled to the same benefits of court fee refunds as formal out-of-court dispute resolution methods under Section 89 CPC.
Point of Law : The purpose of Section 69-A is to reward parties who have chosen to withdraw their litigations in favour of more conciliatory dispute settlement mechanisms, thus saving time and resour....
Point of Law : The purpose of Section 69-A is to reward parties who have chosen to withdraw their litigations in favour of more conciliatory dispute settlement mechanisms, thus saving time and resour....
Point of Law : Even though a strict construction of the terms of Section 89 CPC and Section 69-A of the 1955 Act may not encompass such private negotiations and settlements between the parties, we em....
Parties reaching an amicable settlement qualify for court fee refunds, and private negotiations are acknowledged as valid dispute resolution methods under relevant statutes.
Court fees are refundable when parties amicably settle their disputes, reaffirming that private negotiations qualify for benefits under relevant statutes.
The judgment establishes the principle that parties who reach a settlement out of court are entitled to claim a refund of the court fees deposited by them, in line with the purpose of Section 16 of t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
