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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.

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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

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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

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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)        COURT MASTER

         (RENU DIWAN)           COURT MASTER  

Signed Non-Reportable judgment is placed on the file.

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