Disposes of a suit for trademark/copyright injunction following an amicable settlement between parties executed on 2.9.2016, declaring the suit decreed per the agreement. Grants refund of court fee under Section 16 of the Court Fees Act.
Suit decreed in terms of the Settlement Agreement; refund of court fee granted.
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.
$~01.
M/S MOHAN MEAKIN LIMITED ..... Plaintiff Through : Mr.S.P. Singh, Adv.
versus
M/S HIGH BREW INTERNATIONAL PVT LTD & ORS. ..... Defendants
Through : Mr.Afzal. B. Khan, Adv. for Mr.Prateek Srivastava, Adv. for defendant no.1. Mr.Anuj Mirdha and Mr.Sushant Kumar, Advs. for defendant no.2.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
O R D E R % 07.11.2016
CS(COMM) 642/2016
Page 1 of 2
is duly signed by the Power of Attorney holder of plaintiff, Director of defendant no.1 and Proprietor of defendant no.2. The Settlement Agreement has also been signed by the counsel for the plaintiff and defendants no.1, 2 and 3 and the Mediator.
I.A. 21171/2015 (O XXXIX R 1 & 2 CPC)
G.S.SISTANI, J
NOVEMBER 07, 2016 msr
Page 2 of 2
CS(COMM) 642/2016
2 issues framed by the court
Whether the suit for injunction and damages should be decreed based on an amicable settlement reached at the Mediation Centre.
Whether a refund of court fee is entitled to the plaintiff in view of the pre-mediation settlement.
1 provisions across 1 enactments
Sistani G.S.
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
