WESTERN INFRABUILD PRODUCTS LLP ….. Plaintiff
Versus
M/S. WESTERN STEEL INDIA & ANR. … Defendants
JOINT SETTLEMENT APPLICATION BY PLAINTIFF AND DEFENDANT
The settlement application was jointly filed by plaintiff and defendants praying for issuance of decree in terms of prayer clause of the present suit and for refund of entire Court fees.
This suit was filed by plaintiff seeking permanent injunction restraining infringement of copyright, trade mark/ trading name/corporate name, passing off, unfair competition, delivery up, damages, etc. against the defendants.
Hon’ble Delhi High Court was informed by the plaintiff counsel that the plaintiff and defendants have amicably resolved their disputes out of court, in terms of the settlement application.
Upon hearing learned counsel for the parties and upon perusal of the application and in specific contents of the Settlement Application, Hon’ble Court found that the settlement reached between the parties was valid and lawful.
Settlement application filed by plaintiff and defendants was allowed by the Hon’ble Court.
Thus the suit was decreed as per the application.
Learned counsel for plaintiff submitted to the Hon’ble Court that since the subject matter of the suit stands amicably resolved, therefore, in terms of Section 16 of the Court Fees Act, the entire court fees be refunded to the plaintiff.
Learned counsel for plaintiff relied upon judgment passed by Hon’ble Supreme Court in the case of The High Court of Judicature at Madras rep. by its Registrar General vs. M.C. Subramanium & Ors. (2021) 3 SCC 560.
Hon’ble Court concurred with decision of Hon’ble Supreme Court in The HC of Judicature at Madras, that the plaintiff is entitled to refund of entire court fees.
DIRECTION TO REGISTRY OF DELHI HIGH COURT
Registry was directed to issue necessary certificate/ authorization in favour of the plaintiff to seek refund before the appropriate authorities.
With aforesaid directions, the present suit was decreed.
Read, Reviewed & Edited by