Disposed¶12

Techno Sportswear P. Ltd. v. Jitendra Singh

Delhi HC26 May 2025CS(COMM)/1075/2024

Case brief

AI extract

What is this about?

Delhi HC CS(COMM) 1075/2024 (I.A. 46993/2024-Stay); Techno Sportswear P. Ltd. v. Jitendra Singh; Judge Saurabh Banerjee; order 26.05.2025; consent decree per Settlement Agreement dated 15.05.2025 reached via DHCMCC mediation; Agreement declared lawful, made part of Decree Sheet, parties bound by its terms; 50% court-fee refund certified under Section 16 Court Fees Act 1870 balancing settlement vs substantial pendency; suit and pending applications disposed.

What did the court decide?

Suit decreed (consent decree) in terms of Settlement Agreement dated 15.05.2025, which forms part of the Decree Sheet and binds both parties; certificate issued for refund of 50% of court fees paid by the plaintiff; pending applications disposed of along with the suit. ¶12

Techno Sportswear P. Ltd. Vs Jitendra Singh — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶12

Issue for consideration

Whether the Court should pass a consent decree in terms of the Settlement Agreement dated 15.05.2025 executed between the parties following resolution of disputes at DHCMCC. +1 more

¶2

Court's answer

Having confirmed the parties' signatures and perused the Settlement Agreement dated 15.05.2025, the Court found its terms lawful.

¶5

Ratio / Principle

The suit was decreed in terms of the settlement between the plaintiff and the defendant as recorded in the Settlement Agreement dated 15.05.2025.

¶6

Key takeaways

The Settlement Agreement dated 15.05.2025 shall form part of the Decree Sheet and both parties shall remain bound by its terms.ratio¶8
Since the disputes were amicably settled but the suit had remained pending for a substantial period, refund of 50% of the court fees paid by the plaintiff was found justifiable.ratio¶10
Registry was directed to prepare and hand over a certificate of refund of 50% of the court fees paid by the plaintiff.ratio

Detailed headnote1 paragraphs

Commercial suit CS(COMM) 1075/2024 between Techno Sportswear P. Ltd. (plaintiff) and Jitendra Singh (defendant) culminated in a consent decree before the High Court of Delhi (Saurabh Banerjee, J, order dated 26.05.2025) after both sides reported resolution of all disputes through the Delhi High Court Mediation and Conciliation Centre (DHCMCC) and execution of a Settlement Agreement dated 15.05.2025. Having identified the parties' signatures on the Agreement, the Court found its terms lawful and decreed the suit in terms thereof; the Settlement Agreement was directed to form part of the Decree Sheet, binding both parties. Plaintiff's counsel further sought refund of court fees under Section 16 of the Court Fees Act, 1870 on account of the amicable settlement; weighing the settlement against the suit's substantial pendency, the Court deemed refund of 50% of the court fees paid by the plaintiff justifiable and directed the Registry to prepare and hand over the corresponding certificate. The captioned suit and the pending application(s) (including stay application I.A. 46993/2024) were accordingly disposed of.

¶1

$~21

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 1075/2024, I.A. 46993/2024-Stay

¶4

TECHNO SPORTSWEAR P. LTD. .....Plaintiff

¶5

Through: Mr. Rohit Pradhan and Mr. Sachin Gupta, Advs.

¶6

versus

¶7

JITENDRA SINGH .....Defendant Through: Mr. Mayank Sharma, Adv. (Through VC)

¶8

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

¶9

O R D E R % 26.05.2025

¶10

At the outset, the learned counsel for the plaintiff as well as learned counsel for the defendant submit that the parties have since resolved all their disputes in the present suit before the Delhi High Court Mediation and Conciliation Centre ( DHCMCC ) and the terms of the settlement arrived at inter se them have also been reduced to writing in the form of a Settlement Agreement dated 15.05.2025, which is forming a part of the record

¶11

Learned counsel for the plaintiff and the defendant make a joint oral prayer before this Court for the passing of a consent decree in terms of the said Settlement Agreement dated 15.05.2025.

¶12

Learned counsel for the plaintiff further submits that, in view of the above, the plaintiff does not wish to press for any other relief(s) qua the

¶13

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 28/05/2025 at 11:22:14

¶14

defendant.

¶15

Learned counsel of the plaintiff and the defendant confirm the terms of the Settlement Agreement dated 15.05.2025 and identify the signatures of their respective clients thereon as well.

¶16

This Court has perused the terms of the Settlement Agreement dated 15.05.2025 as recorded inter se the plaintiff and the defendant and finds them to be lawful.

¶17

Accordingly, the present suit is decreed in terms of the settlement between the plaintiff and the defendant as recorded in the Settlement Agreement dated 15.05.2025.

¶18

Registry is directed to draw up the Decree Sheet.

¶19

Needless to mention, the Settlement Agreement dated 15.05.2025, shall form a part of the Decree Sheet, and the parties shall remain bound by the terms thereof.

¶20

At this stage, learned counsel for the plaintiff also makes an oral prayer before this Court for refund of the Court fees paid by the plaintiff in terms of Section 16 of the Court Fees Act, 1870, since the disputes between the plaintiff and the defendant have been amicably settled before DHCMCC.

¶21

Considering that the disputes inter se the plaintiff and the defendant have been amicably settled, however at the same time also considering that the same remained pending for a substantial period of time, refund of 50% of the Court fees paid by the plaintiff is deemed justifiable.

¶22

Let a Certificate of refund of 50% of the Court fees paid by the plaintiff be prepared by the Registry and handed over to the learned counsel for the plaintiff.

¶23

¶24

In view of the above, the captioned suit, alongwith the pending application(s), stands disposed of.

¶25

SAURABH BANERJEE, J

¶26

MAY 26, 2025/Ab

¶27

Techno Sportswear P. Ltd. v. Jitendra Singh

Case brief

What is this about?

What did the court decide?

Techno Sportswear P. Ltd. v. Jitendra Singh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Tecnimont S.P.A. & Anr. Vs Toyo Engineering India Pvt. Ltd. & Anr.

Hk Permanent Makeup Clinic Vs Gana Arun Alias Zombie Revolt & Ors.

Shri Virender Mohan Sahni Vs Chetanya Buildcon Private Limited & Ors.

Vikas Gupta and Anr. Vs M/S Sahni Cosmetics

Raghbir Singh Chhabra Vs Holy Star Natural Resources Ltd. & Others

Opella Healthcare Group Sas & Ors. Vs Matirock Lifesciences & Ors.

Ms Alliance Tech Solution Pvt. Ltd. Vs Ms Hitachi System Micro Clinic Pvt. Ltd.

Abbott Products Operations Ag & Anr. Vs Lincoln Pharmaceuticals Limited & Anr.

Principal Commissioner of Customs Jawaharlal Nehru Customs House and Anr. Vs Loreal Sa

Principal Commissioner of Customs Jawaharlal Nehru Customs House and Anr. Vs Loreal Sa

Astrazeneca Ab & Anr. Vs T Rao & Anr.

Techno Sportswear P Ltd. Vs Laxmi Pat Bengani

Castrol Limited Vs Govind Mohan Sharma

Rakesh Kumar Mittal Vs the Registrar of Trade Marks