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HIGH COURT OF DELHI
CS(OS) 2242/2013 & IA No.18359/2013
Decided on 03.02.2015 IN THE MATTER OF :
SOCIETE DES PRODUITS NESTLE, .S.A. & ANR. ..... Plaintiffs
Through: Ms. Mamta R.Jha and Ms.Kritika Seth, Advocates
Through: Mr. Vikas Sharma, Advocate for D-1 & D-2
I.A.No.1050/2015 (joint application u/O XXIII R-3 CPC)
JUDGMENT
1. The present compromise application has been jointly filed by the parties stating inter alia that during the pendency of the present proceedings, the parties have arrived at an out of court settlement.
2. The terms and conditions of the settlement arrived at between the parties are set out in paras 4 to 12 of the application, whereunder the defendants No.1 & 2 have recognized the plaintiff No.1 to be the registered proprietor of the trademark, “MAGGI” and the domain name www.maggi.in, as also the owner of the copyright in the MAGGI logo, label and the website etc. Further, the defendants No.1 & 2 have given undertakings to the plaintiffs as recorded in paras 6 to 11 of the 2015:DHC:1071 application. In view of the said undertakings, the plaintiffs have agreed not to press for the relief of damages/rendition of accounts against the defendants and have agreed to accept a sum of `2,00,000/- from the defendants in full and final settlement.
3. Counsels for the parties confirm that the defendants have tendered a sum of `2,00,000/- to the plaintiffs in two instalments, (`1,00,000/- by way of a demand draft dated 12.1.2015 and the remaining amount of `1,00,000/- by way of a post dated cheque dated 10.2.2015). The defendants No.1 & 2 do not have any objection if the suit is decreed in favour of the plaintiffs, in terms of the paras 33(a) to
(d) of the plaint.
4. The Court has perused the application. The same has been signed by the constituted attorney of the plaintiffs and the defendant No.1 as a proprietor of the defendant No.2/firm as also by their respective counsels. The application is supported by the affidavits of the constituted attorney of the plaintiffs and the defendant No.1, as the proprietor of the defendant No.2/firm.
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 parties shall remain bound by the terms and conditions of the settlement arrived at between them.
6. The application is allowed and the suit is decreed in accordance with the terms and conditions of the settlement recorded in the present application read with para 33(a) to (d) of the plaint.
7. The parties are left to bear their own costs. File be consigned to the record room. (HIMA KOHLI) FEBRUARY 03, 2015 JUDGE mk