THE POLO/LAUREN COMPANY L.P VS ALTAF PASHA

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*                    IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   CS(OS) 645/2015 & I.A.Nos.4941/2015, 3922/2017, 3924/2017

THE POLO/LAUREN COMPANY L.P			..... Plaintiff
	Through	Mr.Ajay Amitabh Suman with
		Mr.Vinay Kumar Shukla and Mr.Som
		Nath De, Advocates.
	versus
ALTAF PASHA			..... Defendant
	Through	Mr.Mohsin Israily with Mr.M.Saif
		Islam Israily, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
	O R D E R
%	29.01.2018

The present suit has been filed for permanent injunction restraining infringement, passing off, delivery up, rendition of accounts etc.

On 28^th 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 15^th 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 15^th 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 14^th May, 2018.

MANMOHAN, J

JANUARY 29, 2018

KA