Telangana High Court
Jindal Rolling Mills Private Limited vs Shree Ganesh Rolling Mills India Ltd. on 14 August, 2024
Author: G.Radha Rani
Bench: G.Radha Rani
THE HON'BLE Dr.JUSTICE G.RADHA RANI
I.A. No. 6 of 2024
In/And
CCCA No.7 of 2021
JUDGMENT:
CCCA No.7 of 2021 is filed by the appellant-plaintiff aggrieved by the common order and decree dated 11.12.2020 passed in I.A. No.1574 of 2018 in O.S. No.961 of 2015 on the file of the II-Additional Chief Judge, City Civil Court, Hyderabad.
2. O.S. No.961 of 2015 was filed by the plaintiff-Jindal Rolling Mills Limited seeking the relief of permanent injunction restraining the infringement of trade mark, passing off, dilution of trade mark, unfair competition, damages, delivery up and rendition of accounts. During the pendency of the suit, I.A. No.1574 of 2018 was filed by the respondent No.1-defendant No.1-Shree Ganesh Rolling Mills (India) Ltd., under Order VII Rule 11 of CPC to reject the plaint. Additionally, the respondent No.1-defendant No.1 filed I.A. No.718 of 2019 under Order II Rule 2 read with Order VII Rule 11(D) and Section 151 of CPC challenging the plaint. Vide common order dated 11.12.2020, the learned II Additional Chief Judge, City Civil Court, Hyderabad, allowed the applications and subsequently passed a decree.
Dr.GRR,J 2 CCCA No.7 of 2021
3. The present appeal is filed seeking to set aside the common order and decree dated 11.12.2020 passed in I.A. No.1574 of 2018 in O.S. No.961 of 2015 by the II Additional Chief Judge, City Civil Court, Hyderabad. This Court, through an order dated 08.01.2021 suspended the common order and decree dated 11.12.2020 in I.A. No.1 of 2021 pertaining to the current appeal.
4. The respondent No.1-defendant No.1 also filed a cross-suit against the plaintiff herein before the High Court of Delhi, being titled 'Shree Ganesh Rolling Mills (India) Limited v. Jindal Rolling Mill Ltd., [CS COMM) No.360/2016]' seeking permanent injunction restraining the plaintiff herein from passing of its goods under the respondent No.1's trade mark as detailed therein. The parties had subsequently engaged in mediation proceedings before Mr. Sriram Panchu, Senior Advocate and expert mediator, following a consent order by the High Court of Delhi on 06.02.2023 in respondent No.1's cross suit against the appellants. The mediation proceedings resulted in the parties executing a formal settlement agreement on 12.04.2024 settling all their disputes as on the date of the agreement.
Dr.GRR,J 3 CCCA No.7 of 2021
5. The parties have jointly filed I.A. No.6 of 2024 praying for a compromise decree under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) as per the terms contained in the Settlement Agreement dated 12.04.2024. The application is duly supported with the Board Resolutions in favour of the Authorized Representatives of the appellant and the respondent No.1.
6. Today, Mr. Ayush Jindal, Director of Jindal Rolling Mills Private Limited-appellant and Mr. Navin Verma, Director of Shree Ganesh Rolling Mills (India) Limited-respondent No.1 appeared before the Court. They produced their Aadhar cards in proof of their identity. Mr. Arjun Narayan and Mr. M. Ashwin Reddy, learned counsel for the appellantss identified the petitioner-appellant and Ms. Srihita and Mr. Nikhil Khadkikar, learned counsel for the respondent No.1, identified respondent No.1. Both the parties reported that they settled their disputes voluntarily and a settlement agreement was executed by them and the settlement agreement contains the binding obligations on the parties and their heirs, legal representatives, successors, administrators, executors and assignees and the same was also signed in the presence of two witnesses and their counsel and by the mediator appointed by Dr.GRR,J 4 CCCA No.7 of 2021 the High Court of Delhi, New Delhi and reported to dispose of the pending litigation in accordance with the settlement agreement.
7. This Court perused the terms of the compromise and finds the same to be lawful. The application was duly supported by the Board Resolutions in favour of the Authorized Representatives of the appellant and respondent No.1. The counsel for the parties confirmed the terms of settlement.
8. Accordingly, I.A. No.6 of 2024 is allowed and consequently, CCCA No.7 of 2021 is allowed in terms of the settlement agreement dated 12.04.2024, which shall form part of the decree.
9. The parties shall remain bound by the terms and conditions of the compromise as recorded in the Settlement Agreement. As agreed by the parties, the terms contained in the Settlement Agreement shall remain confidential. It is directed that in the event that a situation arises wherein the Settlement Agreement is required to be enforced as a decree of the Court, then the confidentiality agreement shall cease to apply. Further, parties are directed to take steps qua the proceedings pending inter se the parties in terms of the agreement recorded at Dr.GRR,J 5 CCCA No.7 of 2021 Paragraphs No. 8 (a) to (g) of the instant application.
No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.
____________________________ Dr. JUSTICE G.RADHA RANI August 14, 2024 KTL