LAXMI SNACKS PVT. LTD. Vs. AKSHAR FOOD PRODUCTS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 702-712 of 2016, Judgment Date: Feb 01, 2016

                                                        Non-Reportable
                       IN THE SUPREME COURT OF INDIA
                        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.