Leave granted. The Vs. AKSHAR FOOD PRODUCTS
EmailAppeal: CIVIL APPEAL NO(S). 702-712 of 2016
Petitioner: Leave granted. The
Respondent: AKSHAR FOOD PRODUCTS
Judges: KURIAN JOSEPH . J ROHINTON FALI NARIMAN
Date of Judgment: Feb 01, 2016
JUDGEMENT:
Non- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 702-712 of 2016 (Arising out of SLP(C) Nos. 35012-35022 of 2015)
LAXMI SNACKS PVT. LTD. Petitioner(s)
VERSUS
AKSHAR FOOD PRODUCTS Respondent(s)
J U D G M E N T
Kurian Joseph, J.
Leave granted. The appellant approached this court aggrieved by the Order dated 24th November, 2015 passed by the High Court of Gujarat at Ahmedabad. The issue essentially pertains to some disputes with regard to the use of labels, trade dresses and getup of certain products. When the matter was heard by this Court on 4th January, 2016, on a suggestion by Court to both sides, they willingly went for mediation before the Supreme Court, Mediation Centre. It is heartening to note that the parties have amicably settled all their disputes. The terms of understanding also have been reduced to a Settlement Agreement dated 28th January, 2016 and signed by all the parties, their counsel and also learned Mediator – Dr. Aman Hingorani.
It is agreed between the parties that all the suits filed by the appellant before the District Court Kheda, Nadiad district, Gujarat can be decreed except to the extent of its prayer for monetary compensation and the use of the mark “REET” and the tag line “SAB KHAO SABKO KHILAO” by the respondent. Being an order on consent of both the parties, it is submitted that the suits also can be decreed and it is not necessary to relegate the parties to the trial court. We feel that there could be no objection to that course of action. Therefore these appeals are disposed of in terms of the Settlement Agreement dated 28th January, 2016. The said Agreement will form part of this order. In terms of the Settlement Agreement, suits being No. Regular Civil Suit Nos. 2 to 12 of 2015 pending before the District Court Nadiad, Gujarat are decreed except to the extent of prayer for monetory compensation and use of the mark “REET” and the tag line “SAB KHAO SABKO KHILAO”. The parties shall also comply with rest of the terms of the Settlement Agreement within the time stipulated in the agreement. We record our appreciation for the whole-hearted support rendered by the parties and, for the cooperation of their counsel and for the sincere efforts taken by the Mediator in settling the disputes which could have been the subject of litigation for at least another two decades. Registry of this Court is directed to send a copy of this Judgment to the District Court Nadiad, Gujarat so that the suits be struck off from their files.
…………..J (KURIAN JOSEPH)
… …………..J (ROHINTON FALI NARIMAN) NEW DELHI February 1, 2016
ITEM NO.1 COURT NO.12 SECTION IX
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 35012-35022/2015
(Arising out of impugned final judgment and order dated 24/11/2015 in AO No. 206-216/2015 passed by the High Court Of Gujarat At Ahmedabad)
LAXMI SNACKS PVT. LTD. Petitioner(s)
VERSUS
AKSHAR FOOD PRODUCTS Respondent(s)
Date : 01/02/2016 These petitions were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE KURIAN JOSEPH HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. B. Chatrapati, Adv. Mr. Amar Gupta, Adv. Mr. Divyam Agarwal,Adv.
For Respondent(s) Mr. P. S. Sudheer,Adv. Mr. Rajendra Bansali, Adv. Mr. Rishi Maheshwari, Adv. Ms. Shruti Jose, Adv.
UPON hearing the counsel the Court made the following O R D E R
Leave granted.
The appeals are disposed of in terms of the Settlement Agreement dated 28th January, 2016. The said Agreement will form part of this order.
The Registry of this Court is directed to send a copy of this Judgment to the District Court Nadiad, Gujarat so that the suits be struck off from their files.
| (NEELAM GULATI) | (RENU DIWAN) | |COURT MASTER |COURT MASTER |
Signed Non-Reportable judgment is placed on the file.
CIVIL APPEAL NO(S). 702-712 of 2016 (Arising out of SLP(C) Nos. 35012-35022 of 2015)
LAXMI SNACKS PVT. LTD. Petitioner(s)
VERSUS
AKSHAR FOOD PRODUCTS Respondent(s)
J U D G M E N T
Kurian Joseph, J.
Leave granted. The appellant approached this court aggrieved by the Order dated 24th November, 2015 passed by the High Court of Gujarat at Ahmedabad. The issue essentially pertains to some disputes with regard to the use of labels, trade dresses and getup of certain products. When the matter was heard by this Court on 4th January, 2016, on a suggestion by Court to both sides, they willingly went for mediation before the Supreme Court, Mediation Centre. It is heartening to note that the parties have amicably settled all their disputes. The terms of understanding also have been reduced to a Settlement Agreement dated 28th January, 2016 and signed by all the parties, their counsel and also learned Mediator – Dr. Aman Hingorani.
It is agreed between the parties that all the suits filed by the appellant before the District Court Kheda, Nadiad district, Gujarat can be decreed except to the extent of its prayer for monetary compensation and the use of the mark “REET” and the tag line “SAB KHAO SABKO KHILAO” by the respondent. Being an order on consent of both the parties, it is submitted that the suits also can be decreed and it is not necessary to relegate the parties to the trial court. We feel that there could be no objection to that course of action. Therefore these appeals are disposed of in terms of the Settlement Agreement dated 28th January, 2016. The said Agreement will form part of this order. In terms of the Settlement Agreement, suits being No. Regular Civil Suit Nos. 2 to 12 of 2015 pending before the District Court Nadiad, Gujarat are decreed except to the extent of prayer for monetory compensation and use of the mark “REET” and the tag line “SAB KHAO SABKO KHILAO”. The parties shall also comply with rest of the terms of the Settlement Agreement within the time stipulated in the agreement. We record our appreciation for the whole-hearted support rendered by the parties and, for the cooperation of their counsel and for the sincere efforts taken by the Mediator in settling the disputes which could have been the subject of litigation for at least another two decades. Registry of this Court is directed to send a copy of this Judgment to the District Court Nadiad, Gujarat so that the suits be struck off from their files.
…………..J (KURIAN JOSEPH)
… …………..J (ROHINTON FALI NARIMAN) NEW DELHI February 1, 2016
ITEM NO.1 COURT NO.12 SECTION IX
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 35012-35022/2015
(Arising out of impugned final judgment and order dated 24/11/2015 in AO No. 206-216/2015 passed by the High Court Of Gujarat At Ahmedabad)
LAXMI SNACKS PVT. LTD. Petitioner(s)
VERSUS
AKSHAR FOOD PRODUCTS Respondent(s)
Date : 01/02/2016 These petitions were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE KURIAN JOSEPH HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. B. Chatrapati, Adv. Mr. Amar Gupta, Adv. Mr. Divyam Agarwal,Adv.
For Respondent(s) Mr. P. S. Sudheer,Adv. Mr. Rajendra Bansali, Adv. Mr. Rishi Maheshwari, Adv. Ms. Shruti Jose, Adv.
UPON hearing the counsel the Court made the following O R D E R
Leave granted.
The appeals are disposed of in terms of the Settlement Agreement dated 28th January, 2016. The said Agreement will form part of this order.
The Registry of this Court is directed to send a copy of this Judgment to the District Court Nadiad, Gujarat so that the suits be struck off from their files.
| (NEELAM GULATI) | (RENU DIWAN) | |COURT MASTER |COURT MASTER |
Signed Non-Reportable judgment is placed on the file.
