M/S MIRZA INTERNATIONAL LTD v. M/S GIRDHARS BIR SHOPPE

1. The present joint application has been filed by the parties stating inter alia that during the pendency of the suit, they have been able to arrive at an out of court negotiated settlement, the terms and conditions whereof have been set out in paras 2 to 7 of the application, whereunder the defendant has acknowledged that the plaintiff is the proprietor of the trademark/label/logo, “RED TAPE” and the owner of the copyright in the packaging/logo, “RED TAPE”. The defendant has also given a series of undertakings to the plaintiff that have been recorded in para 5 of the application and in lieu of the said undertakings, the plaintiff has forgone its claim for damages against 2015:DHC:7202 the defendant. However, the defendant has agreed to pay a sum of Rs.50,000/- to the plaintiff as token damages. Counsel for the plaintiff confirms that the aforesaid amount has been received from the defendant. Counsels for the parties jointly state that the suit may be decreed in terms of the settlement recorded in the present application.

3. The Court has heard the counsels for the parties and examined the averments made in the application. The same has been signed by the authorised representatives of the plaintiff and the proprietor of the defendant/firm as also their respective counsels and is duly supported by the affidavits of the signatories.

4. As counsels for the parties jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the said settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.

5. The suit is decreed in terms of the settlement recorded in the application, while leaving the parties to bear their own expenses.

6. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement at the stage of completion of pleadings, the plaintiff is entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.

7. In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees under Section 16 of the Court Fees Act.

8. The suit is disposed of, along with the pending application.

9. File be consigned to the record room. HIMA KOHLI, J SEPTEMBER 01, 2015 rkb