$~20
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IN THE
HIGH COURT OF DELHI AT NEW DELHI
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CS(OS) 645/2015 & I.A.Nos.4941/2015, 3922/2017,
3924/2017
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THE
POLO/LAUREN COMPANY L.P
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.....
Plaintiff
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Through
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Mr.Ajay
Amitabh Suman with
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Mr.Vinay Kumar Shukla and Mr.Som
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Nath
De, Advocates.
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versus
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ALTAF
PASHA
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.....
Defendant
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Through
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Mr.Mohsin
Israily with Mr.M.Saif
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Islam
Israily, Advocates.
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CORAM:
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HON'BLE MR. JUSTICE MANMOHAN
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O R D E R
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%
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29.01.2018
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The present suit has been filed
for permanent injunction restraining infringement, passing off, delivery up,
rendition of accounts etc.
On 28th March, 2017, the present suit
was referred to the Delhi High Court Mediation and Conciliation Centre.
Mediation in the present case has
been successful through the efforts of Mr.Yudhvir Singh Chauhan,
Advocate-Mediator.
A Settlement Agreement has been
executed between the parties on 15th November, 2017.
It is pertinent to mention that the Supreme Court in Afcons
Infrastructure Ltd. Vs. Cherian Varkey Construction
Co. (P) Ltd., (2010) 8 SCC 24 while
dealing with Section 89 of the CPC observed that the settlement agreement
will have to be placed before the Court for recording it and in disposing of
the suit in its terms, the Court should apply the principle of Order XXIII Rule
3 of the CPC and make a decree in terms of the
settlement in regard to the subject matter of the
suit, to make such settlement effective.
This Court is satisfied that the
compromise between the parties contained in the aforesaid Settlement Agreement
satisfies the requirements of Order XXIII Rule 3 CPC. The compromise contained
in the aforesaid Settlement Agreement is lawful and therefore, this Court does
not find any impediment in decreeing the present suit in terms of the aforesaid
Settlement Agreement.
Consequently, present suit is
decreed in terms of the aforesaid Settlement Agreement dated 15th November, 2017 executed between
the parties, which is marked as Ex.C-1. Registry is directed to prepare a
decree sheet in terms thereof.
With the aforesaid observations,
present suit and all pending applications stand disposed of.
List the
matter for compliance on 14th May,
2018.
MANMOHAN, J
JANUARY 29, 2018
KA
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