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HIGH COURT OF DELHI
CS(OS) 1023/2013 & IA No.26553/2014
Decided on 27.03.2015 IN THE MATTER OF :
THE ROYAL BANK OF SCOTLAND GROUP PLC ..... Plaintiff
Through: Raunaq Kamath, Advocate
Through: Mr. Deepak Gogia, Advocate
JUDGMENT
1. Pursuant to the order dated 24.12.2014 whereunder, the parties were referred to the Delhi High Court Mediation & Conciliation Centre, a Settlement Agreement dated 5.3.2015 has been placed on record.
2. Counsels for the parties state that the terms and conditions of the settlement have been set out in para 5 of the Settlement Agreement whereunder, the defendant has acknowledged the plaintiff’s exclusive proprietary rights in the trademark, “MAXTRAD” and the defendant has undertaken not to use the mark, “MAXTRADE” or any mark identical/deceptively similarly to the plaintiff’s trademark, “MAXTRAD”. 2015:DHC:2999
3. Counsels for the parties state that the aforesaid settlement be taken on record and the suit be decreed in terms thereof.
4. The Court has perused the Settlement Agreement dated 5.3.2015. The same has been signed by the authorized representatives of the plaintiff and the defendant and their respective counsels, as also the learned Mediator. Enclosed with the Settlement Agreement are the documents authorizing the signatories of the agreement to sign and execute the Settlement Agreement.
5. As the counsels for the parties state that the parties 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 same. The Settlement Agreement is taken on record. The parties shall remain bound by the terms and conditions recorded therein.
6. The suit is decreed in accordance with the terms and conditions recorded in the Settlement Agreement.
7. The suit is disposed of, along with the pending application, while leaving the parties to bear their own expenses.
8. At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at a settlement through the court annexed mediation and the suit is at the stage of framing of issue, it is entitled to claim refund of the court fees in terms of Section 16 of the Court Fees Act.
9. 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, as per law. File be consigned to the record room. (HIMA KOHLI) MARCH 27, 2015 JUDGE mk/rkb