Mohd Shah Fahad vs Raghav Nathani - Settlement Enforcement

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Mohd Shah Fahad vs Raghav Nathani & Anr on 23 March, 2026

Author: C. Hari Shankar

Bench: C. Hari Shankar

$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 27/2024
MOHD SHAH FAHAD .....Appellant
Through: Mr. Pulkit Thareja, Adv.

                                        versus

                     RAGHAV NATHANI & ANR.               .....Respondents
                                 Through: Respondent 1 in person.

                     CORAM:
                     HON'BLE MR. JUSTICE C. HARI SHANKAR
                     HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                        ORDER (ORAL) %                          23.03.2026

              C. HARI SHANKAR, J. 1.     This is a peculiar case in which, though the appellant and the
              respondents, who were litigating before the learned Commercial
              Court, had filed a settlement agreement and requested the learned
              Commercial Court to pass a consent decree in terms of the settlement
              agreement, the learned Commercial Court refused to do so and has
              proceeded to dismiss the suit.

1. The appellant is represented through Mr. Pulkit Thareja and Respondent 1, who is the only contesting respondent, are present in person. They pray ad idem that the impugned judgment may be set aside and the suit decreed in terms of the settlement agreement dated 27 September 2023.

RFA(COMM) 27/2024

KUMAR
Signing Date:01.04.2026
18:21:43

1.  We have perused the contents of the settlement agreement dated
             27 September 2023. We find that it is in order and is enforceable in
             law.
   

2.  In the circumstances, we do not desire to express our opinion
             with respect to the decision of the learned Commercial Court to
             proceed to dismiss the suit on merits even when the parties had settled
             the dispute out of Court.
   

3.  In view of the submissions made ad idem, the impugned
             judgment is quashed and set aside.
   

4.  CS (Comm) 3898/2021 stands settled in terms of settlement
             agreement dated 27 September 2023. The terms of settlement read
             thus:
   

"1. Defendant No.1 shall not use, in and/or outside India, in
any manner whatsoever, for selling, offering for sale, advertising,
directly or indirectly dealing in any products or services under the
Infringing Marks namely 'Classio' in any manner whatsoever or
any other trade mark/logo or device or domain name etc. which is
identical or deceptively similar to the 'Classio' of the Plaintiff, as
defined in the Plaint.

1. Defendant No.1 shall cease use and remove from their
   

   premises, all banners, visiting cards, brochures or boards etc.
   containing Infringing Marks of 'Classio', including word and logo
   marks.

2.  Defendant No. 1 further agree to remove all online presence
   

   including digital advertisements, photos, videos, social media or
   any other digital presence currently in use of Infringing Marks of
   'Classio'.

3. Defendant No.1 agrees to withdraw the application
   

   4893418 and 4586234 or any other application filed by the
   defendant before the Indian Trade Marks Registry and shall share

RFA(COMM) 27/2024

KUMAR
Signing Date:01.04.2026
18:21:43
the proof of withdrawal within one week from the execution of the
present Settlement Agreement.

1.  Defendant No.1 and further submit that he has not, filed
   

   any other trade mark application(s) containing the Infringing
   Marks (as defined in the Plaint) or any other trade mark which is
   identical or deceptively similar to the 'Classio' Marks of the
   Plaintiff (as defined in the Plaint).

2.  Defendant No.1 undertakes he shall not file any other trade
   

   mark application(s) containing the Infringing Marks (as defined in
   the Plaint) or any other trade mark which is identical or deceptively
   similar to the 'Classio' mark of the Plaintiff (as defined in the
   Plaint), before any trade mark office.

3.  That the Defendant hereby with the signing of the present
   

   settlement agreement hands over a cheque for a sum of INR
   80,000/- (Rupees Eighty Thousand Only) issued in the name of the
   plaintiff, bearing cheque No.000016, dated 27/09/2023 drawn on
   HDFC Bank. A copy of the cheque is annexed along with the
   present agreement.

4.  That the Parties herein undertake to have this Commercial
   

   Suit decreed in terms of the present Settlement Agreement. That it
   is also agreed between the Parties that the First Party shall make an
   application for or make an oral prayer seeking refund of court fee
   under section 16 of the Court Fees Act, 1860, simultaneously with
   the Parties seeking disposal of the pending Commercial suit in
   accordance with terms of this Settlement Agreement.

5.  That the Parties hereto state that all or any dispute and
   

   difference arising out of the Commercial Suit between the Parties,
   has been amicably settled by way of execution of this present
   Settlement Agreement.

6. That the Parties undertake that all the disputes and matters
   whatsoever arising under, in connection with or incident to this
   Settlement Agreement shall be adjudicated before the competent in
   Delhi, to the exclusion of the Courts of any other states in the
   country.

7. The Parties agree and understand that the present
   

   Settlement Agreement is a highly confidential document and shall
   not be processed or published in any manner whatsoever by way of
   a press release or any other publication for wide circulation which
   shall be detrimental to the interest of either the Parties.
   Notwithstanding the above, the Second Party shall be at the liberty
   to submit the present Settlement Agreement to any government

RFA(COMM) 27/2024

KUMAR
Signing Date:01.04.2026
18:21:43
body for regulatory compliances after taking prior written consent
form the First Party.

1. That the Parties agree that all the terms and conditions laid
   out in the present Settlement Agreement are fair and reasonable
   and have been entered into with full appreciation of its various
   clauses and implications.

2. That the Parties further represent and warrant that their
   

   respective signatories are duly authorized and have full capacity to
   execute this Settlement Agreement.

3. That the Parties undertake that they shall be bound by this
   

   Settlement Agreement and will abide by the terms and conditions
   set out in the Settlement Agreement in letter and spirit and upon
   signing this Settlement Agreement there will be no claims and
   disputes left between the Parties arising out of this Commercial
   Suit."

4. The parties shall remain bound by the aforesaid settlement
             agreement.
   

1. In the circumstances, nothing further survives for adjudication
             in the appeal. The appeal as well as the suit stand disposed of in terms
             of the settlement agreement.
   

2. The Registry is directed to draw up a decree in terms of the
             settlement agreement dated 27 September 2023 between the parties.
   

3. The appeal stands disposed of in the aforesaid terms.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

MARCH 23, 2026/aky

                 RFA(COMM) 27/2024

KUMAR
Signing Date:01.04.2026
18:21:43