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 JUDGMENT and use of the mark “REET” and the tag line “SAB KHAO
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.
(ROHINTON FALI NARIMAN) NEW DELHI February 1, 2016
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 :
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.
Signed Non-Reportable judgment is placed on the file.