Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 – ss. 152 and 153 r/w. s. 151 – Application filed for correction/ rectification/ amendment of the judgment – Respondent applied for a design registration for its electronic calculator namely ‘CASIO FX-991ES PLUS’ – Having knowledge about the sale of the scientific calculator by the Appellant under the name ‘ORPAT FX-991ES PLUS’, the respondent filed a civil suit restraining appellant by permanent injunction from using impugned product ‘ORPAT FX-991ES PLUS’ – High Court passed ex-parte ad-interim order of stay – Thereafter, parties were referred to mediation – Settlement arrived – Settlement agreement entered into – Accordingly, suit was decreed on 03.07.2019 in terms of the settlement agreement – Subsequently, an application was filed by the appellant u/ss. 152 and 153 r/w. s. 151 of the CPC for correction/ rectification/ amendment of the judgment dated 03.07.2019 – Appellant stated in the said application that the Settlement Agreement pertains only to trademark “FX-991ES PLUS’/ ‘FX-991" – However, there was an inadvertent typographical error of the trademark in the Settlement Agreement as “FX-991ES PLUS/FX/991” – Application dismissed by the High Court – On appeal, held: The Court can entertain an application u/s. 151 of the CPC for alterations/ modification of the consent decree if the same is vitiated by fraud, misrepresentation, or misunderstanding – In the instant case, a close scrutiny of the correspondence between the parties would show that the Settlement Agreement was arrived at after detailed consultation and deliberations – The final Settlement Agreement was approved by the mediator – High Court applied its mind and passed a decree in terms of the Settlement – There is no allegation either of fraud or misrepresentation on the part of the respondent – Unable to agree with the appellant that there was a mistake committed while entering into a settlement agreement due to misunderstanding – Judgment of the High Court upheld. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2022 INSC 151 |
Petitioner | Ajanta Llp |
Respondent | Casio Keisanki Kabushiki Kaisha D/b/a Casio Computer Co. Ltd. |
SCR | [2022] 16 S.C.R. 308 |
Judgement Date | 2022-02-04 |
Case Number | 1052 |
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