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Delhi High Court Refunds Entire Court Fees In A Trademark Infringement Suit Resolved Amicably Outside Court

Suhavi Arya
3 Feb 2022 1:13 PM GMT
Delhi High Court Refunds Entire Court Fees In A Trademark Infringement Suit Resolved Amicably Outside Court
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The Delhi High Court recently decided to refund the entire court fees in a trademark infringement case, which was amicably settled by the parties outside the Court.In doing so, the Bench of Justice Suresh Kumar Kait followed suit of the Supreme Court in the case of High Court of Judicature at Madras vs. M.C. Subramaniam.In the said case, the Top Court had held that the...

The Delhi High Court recently decided to refund the entire court fees in a trademark infringement case, which was amicably settled by the parties outside the Court.

In doing so, the Bench of Justice Suresh Kumar Kait followed suit of the Supreme Court in the case of High Court of Judicature at Madras vs. M.C. Subramaniam.
In the said case, the Top Court had held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees.
The participants in private settlements will be entitled to the same benefits as those who have been referred to explore alternate dispute settlement methods under Section 89 CPC, the bench comprising Justices Mohan M. Shantanagoudar and Vineet Saran had observed.
Applying the said ratio, the Delhi High Court allowed the present plaintiff to seek refund of entire court fees.
"Concurring with afore-noted decision of Hon'ble Supreme Court in The HC of Judicature at Madras, Rep. by its Registrar General (Supra), the plaintiff is entitled to refund of entire court fees. Registry is directed to issue necessary certificate/ authorization in favour of the plaintiff to seek refund before the appropriate authorities," the order stated.
The plaintiff, Western Infrabuild Products, had moved the Court seeking permanent injunction restraining infringement of copyright, trademark/ trading name/corporate name, passing off, unfair competition, delivery up, damages, etc. against the defendants.
Subsequently, the plaintiff and defendants have amicably resolved their disputes out of court.
Accordingly, an application was jointly filed by plaintiff and defendants praying for issuance of decree in terms of prayer clause and for refund of entire Court fees.
"The present joint application filed by the plaintiff and defendants is allowed," the Court ordered.
Case Title: Western Infrabuild Products LLP v. M/s Western Steel India & Anr.
Citation: 2022 LiveLaw (Del) 80
Case No: CS (COMM) 562/2021


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