M/S Prakash Pipes Limited Vs Shri Ram Polymers & Anr. — Delhi HC (2025) — LawSathi Research

M/S Prakash Pipes Limited Vs Shri Ram Polymers & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in terms of prayer clause 52(i) of the plaint (plaintiff does not press remaining reliefs); decree sheet to be drawn up and Settlement Agreement made part of the decree; Registry directed to issue certificate of refund of 100% of Court Fees in favour of plaintiff (S.16 Court Fees Act, 1870, read with S.89 CPC, 1908); rectification petition allowed and Trade Marks Registry directed to remove the trade mark bearing Registration No. 4354273 in class 17; all pending applications in both matters disposed of.

Issue for consideration

Whether the suit CS(COMM) 383/2024 is to be decreed in accordance with the Settlement Agreement dated 24 December 2024, specifically the relief contained in prayer clause 52(i) of the plaint. +1 more

Court's answer

Having gone through the terms of the Settlement Agreement, the court found them lawful and held that the parties shall remain bound by the terms of the Settlement Agreement.

Ratio / Principle

The suit is decreed in terms of the Settlement Agreement, specifically the relief in prayer clause 52(i) of the plaint; the plaintiff does not press for the remaining reliefs sought in the plaint.

Key takeaways

Since the matter was settled in mediation, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff, in terms of Section 16 of the Court Fees Act, 1870 read with Section 89 of the Code of Civil Procedure, 1908.ratio¶9
In terms of the Settlement Agreement, respondent no.1 has no objection to the removal of its trade mark registration from the Register of Trade Marks.ratio¶11
The rectification petition is allowed and the Trade Marks Registry is directed to remove the trade mark.

Detailed headnote1 paragraphs

Single order of the High Court of Delhi at New Delhi (Hon'ble Mr. Justice Amit Bansal) dated 03.02.2025 disposing of two connected matters — trade mark rectification petition C.O. (COMM.IPD-TM) 58/2024 (with I.A. 9775/2024) and commercial suit CS(COMM) 383/2024 (with I.A. 10688/2024) — pursuant to disputes settled in mediation before the Delhi High Court Mediation and Conciliation Centre. The court found the Settlement Agreement dated 24.12.2024, duly signed by the Authorised Representatives, lawful and binding on the parties. The suit is decreed in terms of prayer clause 52(i) of the plaint; the plaintiff does not press remaining reliefs. Counsel confirmed that per Clause 4 the defendant paid the plaintiff Rs. 1,50,000/- as cost and damages. The Registry is directed to issue a certificate of refund of 100% of Court Fees (Section 16, Court Fees Act, 1870, read with Section 89, CPC, 1908); the decree sheet is to be drawn up and the Settlement Agreement forms part of the decree. In the rectification petition, respondent no.1 consented to removal of its registration; the petition is allowed and the Trade Marks Registry is directed to remove the trade mark bearing Registration No. 4354273 in class 17. All pending applications stand disposed of.

$~8 & 25

IN THE HIGH COURT OF DELHI AT NEW DELHI

- C.O. (COMM.IPD-TM) 58/2024 with I.A. 9775/2024

8 M/S PRAKASH PIPES LIMITED .....Petitioner

Through: Mr. Rishabh Srivastava, Mr. Sanjay Aggarwal and Mr. Yasheswini Sharma, Advocates

versus

SHRI RAM POLYMERS & ANR. .....Respondents Through: Mr. Kumar Vivek Vibhu, Advocate for R-1

CS(COMM) 383/2024 with I.A. 10688/2024

25 PRAKASH PIPES LIMITED .....Plaintiff

Through: Mr. Rishabh Srivastava, Mr. Sanjay Aggarwal and Mr. Yasheswini Sharma, Advocates

versus

SHRI RAM POLYMERS .....Defendant Through: Mr. Kumar Vivek Vibhu, Advocate

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

%

03.02.2025

CS(COMM) 383/2024

The parties have settled their disputes in the mediation proceedings before the Delhi High Court Mediation and Conciliation Centre.

The Settlement Agreement dated 24^th December, 2024 (hereinafter ‘Settlement Agreement’) has been placed on record.

C.O. (COMM.IPD-TM) 58/2024 & connected matter

Page 1 of 3

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:11:27

The Settlement Agreement is duly signed by the Authorised Representatives of the parties.

I have gone through the terms of the Settlement Agreement and find the same to be lawful. The parties shall remain bound by the terms of the Settlement Agreement.

Counsel for the plaintiff confirms that, in terms of Clause 4 of the Settlement Agreement, a sum of Rs. 1,50,000/- towards cost and damages has been paid by the defendant to the plaintiff.

In terms of the Settlement Agreement, the present suit is decreed in terms of prayer clause contained in paragraph no.52(i) of the plaint. The plaintiff does not press for the remaining reliefs sought in the plaint.

The decree sheet be drawn up accordingly.

The Settlement Agreement shall be a part of the decree.

Since the matter has been settled in mediation proceedings, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff, in terms of Section 16 of the Court Fees Act, 1870, read with Section 89 of the Code of Civil Procedure, 1908.

All pending applications stand disposed of.

C.O. (COMM.IPD-TM) 58/2024

In terms of the aforesaid Settlement Agreement arrived at between the parties, the respondent no.1 does not have any objection to the removal of its trade mark registration from the Register of Trade Marks.

In view of the aforesaid, the present rectification petition is allowed and the Trade Marks Registry is directed to remove the trade mark

‘ ’ bearing Registration No.4354273 in class 17.

C.O. (COMM.IPD-TM) 58/2024 & connected matter

Page 2 of 3

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:11:27

All pending applications stand disposed of.

AMIT BANSAL, J

FEBRUARY 3, 2025/ds

C.O. (COMM.IPD-TM) 58/2024 & connected matter

Page 3 of 3

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:11:27