Full Judgment Text
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Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 702-712 of 2016
(Arising out of SLP(C) Nos. 35012-35022 of 2015)
LAXMI SNACKS PVT. LTD. Petitioner(s)
VERSUS
AKSHAR FOOD PRODUCTS Respondent(s)
J U D G M E N T
Kurian Joseph, J.
Leave granted.
The appellant approached this court aggrieved by the
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Order dated 24 November, 2015 passed by the High Court
of Gujarat at Ahmedabad. The issue essentially pertains
JUDGMENT
to some disputes with regard to the use of labels, trade
dresses and getup of certain products. When the matter
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was heard by this Court on 4 January, 2016, on a
suggestion by Court to both sides, they willingly went
for mediation before the Supreme Court, Mediation Centre.
It is heartening to note that the parties have amicably
settled all their disputes. The terms of understanding
also have been reduced to a Settlement Agreement dated
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28 January, 2016 and signed by all the parties, their
counsel and also learned Mediator - Dr. Aman Hingorani.
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It is agreed between the parties that all the suits filed
by the appellant before the District Court Kheda, Nadiad
district, Gujarat can be decreed except to the extent of
its prayer for monetary compensation and the use of the
mark “REET” and the tag line “SAB KHAO SABKO KHILAO” by
the respondent. Being an order on consent of both the
parties, it is submitted that the suits also can be
decreed and it is not necessary to relegate the parties
to the trial court. We feel that there could be no
objection to that course of action.
Therefore these appeals are disposed of in terms
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of the Settlement Agreement dated 28 January, 2016. The
said Agreement will form part of this order.
In terms of the Settlement Agreement, suits being
No. Regular Civil Suit Nos. 2 to 12 of 2015 pending
before the District Court Nadiad, Gujarat are decreed
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except to the extent of prayer for monetory compensation
and use of the mark “REET” and the tag line “SAB KHAO
SABKO KHILAO”.
The parties shall also comply with rest of the
terms of the Settlement Agreement within the time
stipulated in the agreement.
We record our appreciation for the whole-hearted
support rendered by the parties and, for the cooperation
of their counsel and for the sincere efforts taken by
the Mediator in settling the disputes which could have
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been the subject of litigation for at least another two
decades.
Registry of this Court is directed to send a copy
of this Judgment to the District Court Nadiad, Gujarat so
that the suits be struck off from their files.
…..............J
(KURIAN JOSEPH)
…... …..............J
(ROHINTON FALI NARIMAN)
NEW DELHI
February 1, 2016
JUDGMENT
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ITEM NO.1 COURT NO.12 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
35012-35022/2015
(Arising out of impugned final judgment and order dated 24/11/2015
in AO No. 206-216/2015 passed by the High Court Of Gujarat At
Ahmedabad)
LAXMI SNACKS PVT. LTD. Petitioner(s)
VERSUS
AKSHAR FOOD PRODUCTS Respondent(s)
Date : 01/02/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. B. Chatrapati, Adv.
Mr. Amar Gupta, Adv.
Mr. Divyam Agarwal,Adv.
For Respondent(s) Mr. P. S. Sudheer,Adv.
Mr. Rajendra Bansali, Adv.
Mr. Rishi Maheshwari, Adv.
Ms. Shruti Jose, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are disposed of in terms of the Settlement
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Agreement dated 28 January, 2016. The said Agreement
will form part of this order.
The Registry of this Court is directed to send a copy
of this Judgment to the District Court Nadiad, Gujarat so
that the suits be struck off from their files.
(NEELAM GULATI)
COURT MASTER
(RENU DIWAN)
COURT MASTER
Signed Non-Reportable judgment is placed on the file.
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JUDGMENT
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