Red Bull Ag v. Akc (Pvt.) Limited & Ors

O R D E R %

14.11.2024

¶1It is stated that the plaintiff has settled the present suit with the defendants no.1, 2 and 3 in the mediation proceedings.

¶2The Settlement Agreement dated 28th October, 2024,which has been defendants no.1, 2 and 3 has been placed on record.

¶3I have gone through the terms of the Settlement Agreement and find the same to be lawful.

¶4The parties shall remain bound by the terms of the Settlement Agreement.

¶5Counsel confirm that costs of Rs. 5.50 lacs in terms of the Settlement Agreement have been paid by the defendants no.1, 2 and 3 to the plaintiff in the Court today by way of a demand draftdated 31st October, 2024bearing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. no.834537, issued in favour of the advocates for the plaintiff, Zeus IP Advocates LLP.

¶6In addition, it is agreed between the parties that the defendant shall destroy the infringing goods seized during the execution of the Local Commission, and the proof thereof shall be sent to the plaintiffafter destruction.

¶7In terms of the Settlement Agreement, the present suit is decreed in favour of the plaintiff and against the defendants no.1, 2 and 3 in terms of prayer clauses(a), (b)&(d) given in paragraph 68 of the plaint.The Settlement Agreement shall form part of the decree.

¶8No written statement or reply has been filed by the defendants no. 4 to

6.

¶9None has been appearing on behalf of the aforesaid defendants.

¶10In view thereof, the aforesaid defendants are proceeded against ex-parte.

¶11Accordingly, a decree is passed against the defendants no. 4 to 6 in respect of prayer clauses(a), (b) & (d) given in paragraph 68 of the plaint.

¶12In view of the above, counsel for the plaintiff does not press for the remaining reliefs prayed for in the suit.

¶13The decree sheet be drawn up accordingly.

¶14All pending applications stand disposed of.

¶15Since the matter has been settled in mediation proceedings, the plaintiff is entitled to receive a refund of the entire court fees.Since the plaintiff does not have any presence in India, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff's advocate, Zeus IP Advocates LLP, in terms of Section 16 of the Court Fees Act, 1870, read with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Section 89 of the Code of Civil Procedure, 1908. AMIT BANSAL, J NOVEMBER 14, 2024/tp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RED BULL AG .....Plaintiff Through: Ms. Apurva Bhutani Mr. Naqeeb Nawab, Mr. Ashutosh Ranga and Ms. Sejal Tayal, Advocates versus AKC (PVT.) LIMITED & ORS. .....Defendants Through: Mr. Kuldeep Rai, Mr. Rukban Tyagi and Ms. Rehana, Advocates for D-1 to CORAM: HON'BLE MR. JUSTICE AMIT BANSAL