While the trademark dispute was settled out of court, the High Court orders a full refund of court fees

The Delhi High Court restored the whole expenses in a Trademark Suit, stating that parties who resolve their disagreement privately from outside the modes authorized under Section 89 of the Code of Civil Procedure are entitled to a full refund of fees.

In doing so, Justice Suresh Kumar Kait’s single-judge bench alluded to the Supreme Court’s decision in the matter of The High Court of Judicature at Madras Rep. by its Registrar General Vs. M.C. Subramaniam, 2021 Latest Caselaw 83 SC.

Learned Counsel further argued that because the lawsuit’s subject matter has been settled amicably, the plaintiff should be reimbursed for all court expenses under Section 16 of the Court Fees Act.

He cited the Supreme Court’s decision in the case of The High Court of Judicature at Madras Rep. by its Registrar General Vs. M.C. Subramaniam, 2021 Latest Caselaw 83 SC, in which the Registrar General of the High Court of Judicature at Madras Rep. by its Registrar General Vs. M.C. Subramaniam.

Accepting the argument, the Court determined that private settlements will be entitled to the same advantages as those who have been directed to investigate alternative dispute resolution procedures under Section 89 of the Civil Procedure Code.

The Registry was thus instructed to furnish the plaintiff with the relevant certificate/authorization to seek a reimbursement from the proper authorities.