Court recorded a compromise settlement between the plaintiff and defendant regarding trademark ownership. It decreed the suit in terms of the settlement and directed a refund of 50% court fees.
Suit decreed per settlement; Registry directed to issue certificate for 50% refund of court fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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PRABHAT SANITARYWARE PVT LTD ..... Plaintiff Through : Mr. Manish Singhal, Advocate
versus
CENTURY SANITARYWARE PVT LTD ..... Defendant Through : Mr. Ranjish B. Marat, Advocate
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R % 08.09.2016
I.A. 11080/2016 (joint application u/O XXIII R 3 CPC)
Page 1 of 3
CS(COMM) 31/2016
or any other trademark/trade name, which may include the word “CENTURY”. The remaining terms and conditions of the settlement have been set out in paras 4 to 8 of the application.
Page 2 of 3
CS(COMM) 31/2016
HIMA KOHLI, J
SEPTEMBER 08, 2016 sk/ rkb
Page 3 of 3
CS(COMM) 31/2016
2 issues framed by the court
Whether the suit may be decreed in terms of an out-of-court settlement arrived at by the parties.
Whether the plaintiff is entitled to a refund of 50% of court fees in view of settlement at the stage of pleadings.
1 provisions across 1 enactments
Hima Kohli
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
