Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 492/2006 and I.A. 4693/2015
STP LTD ..... Plaintiff
Through: Mr. Deepak Sahni, Advocate with
Mr. Ankit Sharma, officer of the plaintiff in
person.
versus
SHALIMAR TAR PRODUCTS PVT LTD ......Defendant
Through: Mr. Brajesh Kumar Singh, Advocate
with Mr. Manoj Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 21.08.2015
1. Pursuant to the parties being referred to the Delhi High Court
Mediation and Conciliation Centre, a Settlement Agreement dated
27.04.2015 has been placed on record.
2. Counsels for the parties state that the terms and conditions of
the settlement have been set out in paras (a) and (b) of the
Settlement Agreement dated 27.04.2015, whereunder the
defendant/company has agreed and undertaken that it will not use the
name, “Shalimar Tar” and the plaintiff/company’s trademark in the
future. The defendant has also confirmed that it has changed its name
from “Shalimar Tar Products Private Limited” to “Shalimar Petro
Products Private Limited”. In view of the aforesaid undertakings, the
CS(OS) 492/2006 Page 1 of 3
plaintiff/company has agreed to withdraw the present suit and give up
all the other reliefs prayed for in the plaint.
3. Counsels for the parties state that in view of the settlement
arrived at between the parties, the Settlement Agreement dated
27.04.2015 may be taken on record and the suit may be decreed in
terms thereof.
4. The Court has perused the Settlement Agreement dated
27.04.2015. The terms and conditions of the settlement are set out in
paras (a) and (b) thereof. The same has been signed by the
constituted attorneys of the plaintiff/company and the
defendant/company and their respective counsels as also the learned
Mediator.
5. As the counsels for the plaintiff and the defendant jointly state
that they 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
settlement. The Settlement Agreement dated 27.4.2015 is taken on
record. The parties shall remain bound by the terms and conditions of
the said settlement.
6. The suit is decreed in accordance with the terms and conditions
of the Settlement Agreement dated 27.04.2015, while leaving the
CS(OS) 492/2006 Page 2 of 3
parties to bear their own expenses.
7. 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, the plaintiff is entitled to claim refund of the
court fees in terms of Section 16 of the Court Fees Act.
8. 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.
9. The suit is disposed of alongwith the pending application.
10. File be consigned to the record room.
HIMA KOHLI, J
AUGUST 21, 2015
rkb/ap
CS(OS) 492/2006 Page 3 of 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 492/2006 and I.A. 4693/2015
STP LTD ..... Plaintiff
Through: Mr. Deepak Sahni, Advocate with
Mr. Ankit Sharma, officer of the plaintiff in
person.
versus
SHALIMAR TAR PRODUCTS PVT LTD ......Defendant
Through: Mr. Brajesh Kumar Singh, Advocate
with Mr. Manoj Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 21.08.2015
1. Pursuant to the parties being referred to the Delhi High Court
Mediation and Conciliation Centre, a Settlement Agreement dated
27.04.2015 has been placed on record.
2. Counsels for the parties state that the terms and conditions of
the settlement have been set out in paras (a) and (b) of the
Settlement Agreement dated 27.04.2015, whereunder the
defendant/company has agreed and undertaken that it will not use the
name, “Shalimar Tar” and the plaintiff/company’s trademark in the
future. The defendant has also confirmed that it has changed its name
from “Shalimar Tar Products Private Limited” to “Shalimar Petro
Products Private Limited”. In view of the aforesaid undertakings, the
CS(OS) 492/2006 Page 1 of 3
plaintiff/company has agreed to withdraw the present suit and give up
all the other reliefs prayed for in the plaint.
3. Counsels for the parties state that in view of the settlement
arrived at between the parties, the Settlement Agreement dated
27.04.2015 may be taken on record and the suit may be decreed in
terms thereof.
4. The Court has perused the Settlement Agreement dated
27.04.2015. The terms and conditions of the settlement are set out in
paras (a) and (b) thereof. The same has been signed by the
constituted attorneys of the plaintiff/company and the
defendant/company and their respective counsels as also the learned
Mediator.
5. As the counsels for the plaintiff and the defendant jointly state
that they 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
settlement. The Settlement Agreement dated 27.4.2015 is taken on
record. The parties shall remain bound by the terms and conditions of
the said settlement.
6. The suit is decreed in accordance with the terms and conditions
of the Settlement Agreement dated 27.04.2015, while leaving the
CS(OS) 492/2006 Page 2 of 3
parties to bear their own expenses.
7. 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, the plaintiff is entitled to claim refund of the
court fees in terms of Section 16 of the Court Fees Act.
8. 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.
9. The suit is disposed of alongwith the pending application.
10. File be consigned to the record room.
HIMA KOHLI, J
AUGUST 21, 2015
rkb/ap
CS(OS) 492/2006 Page 3 of 3