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r HIGH COURT OF DELHI
CSCOS) 1343/2015
RED EARTHAND 8iANR Plaintiffs
Through Mr.Priyank Manga!, Adv.
CSCOS) 1343/2015
RED EARTHAND 8iANR Plaintiffs
Through Mr.Priyank Manga!, Adv.
VERSUS
lAYPORE E COMMERCE PVT LTD & ORS Defendants
Through Ms.Padma Priya, Adv.
Through Ms.Padma Priya, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
02.11.2015 The plaintiff filed the suit for permanent injunction, seeking a restraint against the defendants from passing off, infringement the copyright, delivery up, rendition of accounts of profits, damages etc.
During the pendency of the suit, by order dated 27^^ August, 2015, the matter was referred to the Samadhan, Delhi High Court Mediation and
Conciliation Centre. After various meetings, the parties have settled their disputes. The terms and conditions of the settlement are mentioned In the Settlement Agreement. The same are reproduced hereinbelow:- a) The Second Party agrees not to use the words/mark "The
Saree Festival", "Saree Mela" and "Saree Utsav" and agrees not to use any of the above terms anytime in any manner for its titles, subtitles, captioned text of an event or project with
•respect to its projects, sales, promotions, events, festivals. b) The Second Party agrees not to use or register as its intellectual property of the terms "The Saree Festival", "Saree
Mela" and "Saree Utsav" and shall have no objection if the
First Party applies for their registration in his name. c) The First Party agrees that the Second Party shall be at the liberty to use the terms "Saree" with' any other word (for
2015:DHC:11892 r example Saree Showcase, Saree Extravaganza etc) except with the words "Festival", "Mela" and "Utsav". The Second
Party agrees that the second party shall not use the word
"Saree" In conjunction with "Festival", "Meia" and "Utsav" for
Its titles, subtitles and captloned text with respect to Its sales, promotions, projects, etc. d) In case the First Party gets to know of any violation of this agreement, he shall put Second Party to notice and the
Second Party shall rectify the breach within 24 hours of the receipt of such notice. e) In case the First Party decides to partner with an online retail portal with any third party, then the Second Party shall have a right of first refusal subject to mutually agreed terms. The refusal shall deemed to happen If second party refuses/neglects to reply within 7 days of the first party putting the second party to notice of its Intention. f) The First Party agrees that It shall Issue a public statement announcing that they have amicably settled the dispute with the Second Party.
The Settlement Agreement is duly signed by the parties as well as their respective counsel. It Is also signed by the learned Mediator. The original Settlement Agreement Is placed on the record. In view of the settlement arrived at between the parties the present suit being
CS(OS) IMo.1343/2015 as well as the suit being CS(OS) No.1327/2015 titled as Jaypore E Commerce Pvt Ltd v. HImanshu Verma are disposed of. The parties shall be bound by the terms and conditions of the settlement.
An oral request has been made by the learned counsel for the plaintiffs for refund of Court fee. In view of the fact that the matter has been resolved between the parties before the Mediation Centre before recording of evidence on merits of the claim and the suit has been withdrawn by the plaintiffs in terms of the said settlement, I am of the view that under Section 16 of the Court-fees Act, 1870, the
I plaintiffs are entitled for refund of the Court'fee. Accordingly, the
Registt7 is directed to issue requisite certiflcate to the plaintiffs through counsel for refund of the Court fee from the Collector, within two months from today.
NOVEMBER 02, 2015 -ft
02.11.2015 The plaintiff filed the suit for permanent injunction, seeking a restraint against the defendants from passing off, infringement the copyright, delivery up, rendition of accounts of profits, damages etc.
During the pendency of the suit, by order dated 27^^ August, 2015, the matter was referred to the Samadhan, Delhi High Court Mediation and
Conciliation Centre. After various meetings, the parties have settled their disputes. The terms and conditions of the settlement are mentioned In the Settlement Agreement. The same are reproduced hereinbelow:- a) The Second Party agrees not to use the words/mark "The
Saree Festival", "Saree Mela" and "Saree Utsav" and agrees not to use any of the above terms anytime in any manner for its titles, subtitles, captioned text of an event or project with
•respect to its projects, sales, promotions, events, festivals. b) The Second Party agrees not to use or register as its intellectual property of the terms "The Saree Festival", "Saree
Mela" and "Saree Utsav" and shall have no objection if the
First Party applies for their registration in his name. c) The First Party agrees that the Second Party shall be at the liberty to use the terms "Saree" with' any other word (for
2015:DHC:11892 r example Saree Showcase, Saree Extravaganza etc) except with the words "Festival", "Mela" and "Utsav". The Second
Party agrees that the second party shall not use the word
"Saree" In conjunction with "Festival", "Meia" and "Utsav" for
Its titles, subtitles and captloned text with respect to Its sales, promotions, projects, etc. d) In case the First Party gets to know of any violation of this agreement, he shall put Second Party to notice and the
Second Party shall rectify the breach within 24 hours of the receipt of such notice. e) In case the First Party decides to partner with an online retail portal with any third party, then the Second Party shall have a right of first refusal subject to mutually agreed terms. The refusal shall deemed to happen If second party refuses/neglects to reply within 7 days of the first party putting the second party to notice of its Intention. f) The First Party agrees that It shall Issue a public statement announcing that they have amicably settled the dispute with the Second Party.
The Settlement Agreement is duly signed by the parties as well as their respective counsel. It Is also signed by the learned Mediator. The original Settlement Agreement Is placed on the record. In view of the settlement arrived at between the parties the present suit being
CS(OS) IMo.1343/2015 as well as the suit being CS(OS) No.1327/2015 titled as Jaypore E Commerce Pvt Ltd v. HImanshu Verma are disposed of. The parties shall be bound by the terms and conditions of the settlement.
An oral request has been made by the learned counsel for the plaintiffs for refund of Court fee. In view of the fact that the matter has been resolved between the parties before the Mediation Centre before recording of evidence on merits of the claim and the suit has been withdrawn by the plaintiffs in terms of the said settlement, I am of the view that under Section 16 of the Court-fees Act, 1870, the
I plaintiffs are entitled for refund of the Court'fee. Accordingly, the
Registt7 is directed to issue requisite certiflcate to the plaintiffs through counsel for refund of the Court fee from the Collector, within two months from today.
NOVEMBER 02, 2015 -ft
JUDGMENT