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- $~4,6&7 HIGH COURT OF DELHI
CS(COMM)302/2018& LA.No.3575/2018
QUEEN MARYS SCHOOL ..... Plaintiff
Through Mr.N.K.Kantawala with Mr.J.P.Sharma,Mr.Praver Sharma and Ms.Nimisha Menon,Advocates.
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- $~4,6&7 HIGH COURT OF DELHI
CS(COMM)302/2018& LA.No.3575/2018
QUEEN MARYS SCHOOL ..... Plaintiff
Through Mr.N.K.Kantawala with Mr.J.P.Sharma,Mr.Praver Sharma and Ms.Nimisha Menon,Advocates.
VERSUS
, QUEEN MARYS GIRLS SCHOOL& ORS. ^ ..... Defendants
Through Mr.Dilip Singh,Advocate.
Through Mr.Dilip Singh,Advocate.
CS(COMM)620/2018&I.A,No.3314/ioi8
QUEEN MARYS SCHOOL Plaintiff Mr.J.P.Sharma,Mr.Praver Sharma
-
QUEEN MARYS SCHOOL Plaintiff Mr.J.P.Sharma,Mr.Praver Sharma
-
VERSUS
. , ' QUEEN MARY CONVENT SCHOOL& OTHERS Defendants
Through , Mr.Dilip Singh,Advocate.
Through , Mr.Dilip Singh,Advocate.
CS(COMM)984/2018&LA.No.8329/2018 .
QUEEN MARYS SCHOOL Plaintiff ' Mr.J.P.Sharma,Mr.Praver Sharma
QUEEN MARYS SCHOOL Plaintiff ' Mr.J.P.Sharma,Mr.Praver Sharma
VERSUS
~ , QUEEN MARY GIRLS SCHOOL& OTHERS Defendants
Through Mr.Dilip Singh,Advocate.
2018:DHC:8609 1? 'A
Through Mr.Dilip Singh,Advocate.
2018:DHC:8609 1? 'A
CORAM:
HON'BLE MR.JUSTICE MANMOHAN
23.10.2018 Present suits have been filed for permanent injunction restraining infringement oftrade mark, passing off and rendition of accounts.
Vide order dated October, 2018 passed by a Division
Bench ofthis Courtin FAO(OS)
(COMM)No.168/2018,the matters were referred to the Delhi High Court Mediation and Conciliation
Centre. Mediation in the present cases were successful through the efforts ofMr.Dalip Mehra,Advocate-Mediator.
A Settlement Agreement has been executed between the parties on lO^''October,2018.
It is pertinent to mention that the Supreme Court in Afcons
Infrastructure Ltd. Vs. Cherian Varkey Construction Co.(P)Ltd., (2010)8see24 while dealing with Section 89 ofthe CPC observed that the settlement agreement will have to be placed before the Court for"recording it and in disposing of the suit in its terms, the Court should apply the principle.of Order XXIII Rule 3 of the CPC and make a decree in terms of the settlement in,regard to the subject matter ofthe suit,to make such settlement effective.
This Court is satisfied that the compromise between the parties contained in the aforesaid Settlement Agreement satisfies the requirements ofOrder XXIIIRule3 CPC. The compromise contained
/ in the aforesaid Settlement Agreement is lawful and therefore, this
If Court does not find any impediment in decreeing the present suits in terms ofthe aforesaid Settlement Agreement.
Consequently, the present suits are decreed in terms of the aforesaid Settlement Agreement dated 10^*^ October, 2018 executed between the parties. Registry is directed to prepare decree sheets in terms thereof.
Registry ofthis Court is also directed to issue to an authorised representative of.the plaintiff a.certificate in each suit authorizing him/her to receive back from the Collector the full amount of the
Courtfee paid by it with respectto the presentsuits.
With the aforesaid observations, present suits and all pending applications stand disposed of. The interim injunction orders stand modified.
MANMOHAN,J OCTOBER 23,2018 KA
23.10.2018 Present suits have been filed for permanent injunction restraining infringement oftrade mark, passing off and rendition of accounts.
Vide order dated October, 2018 passed by a Division
Bench ofthis Courtin FAO(OS)
(COMM)No.168/2018,the matters were referred to the Delhi High Court Mediation and Conciliation
Centre. Mediation in the present cases were successful through the efforts ofMr.Dalip Mehra,Advocate-Mediator.
A Settlement Agreement has been executed between the parties on lO^''October,2018.
It is pertinent to mention that the Supreme Court in Afcons
Infrastructure Ltd. Vs. Cherian Varkey Construction Co.(P)Ltd., (2010)8see24 while dealing with Section 89 ofthe CPC observed that the settlement agreement will have to be placed before the Court for"recording it and in disposing of the suit in its terms, the Court should apply the principle.of Order XXIII Rule 3 of the CPC and make a decree in terms of the settlement in,regard to the subject matter ofthe suit,to make such settlement effective.
This Court is satisfied that the compromise between the parties contained in the aforesaid Settlement Agreement satisfies the requirements ofOrder XXIIIRule3 CPC. The compromise contained
/ in the aforesaid Settlement Agreement is lawful and therefore, this
If Court does not find any impediment in decreeing the present suits in terms ofthe aforesaid Settlement Agreement.
Consequently, the present suits are decreed in terms of the aforesaid Settlement Agreement dated 10^*^ October, 2018 executed between the parties. Registry is directed to prepare decree sheets in terms thereof.
Registry ofthis Court is also directed to issue to an authorised representative of.the plaintiff a.certificate in each suit authorizing him/her to receive back from the Collector the full amount of the
Courtfee paid by it with respectto the presentsuits.
With the aforesaid observations, present suits and all pending applications stand disposed of. The interim injunction orders stand modified.
MANMOHAN,J OCTOBER 23,2018 KA
JUDGMENT