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2025 DAILYLAW 5367 (DEL)

MS GAIJIN FITNESS INDIA v. HOUSE OF FITNESS PRIVATE. LTD.

FAO (COMM)/305/2025 · 2026-07-13

Prathiba M Singh, Vikas Mahajan

body2025

Judgment text

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$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 305/2025 & CM APPL. 67981/2025 MS GAIJIN FITNESS INDIA .....Appellant Through: Mr. Abhishek Tripathi and Mr. Nishant Bhatia, Advs. versus HOUSE OF FITNESS PRIVATE. LTD. .....Respondent Through: Mr. Suryansh Gaur, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 13.07.2026 1. This hearing has been done through hybrid mode. 2. This is an appeal challenging the impugned judgment dated 24th July, 2025 passed by the District Judge, (Commercial Court)-01, Patiala House Courts, New Delhi in a petition under Section 9 of the Arbitration and Conciliation Act, 1996. Vide the impugned order, the Commercial Court has injuncted the Appellant from using the name and mark “Anytime Fitness”. 3. On 31st October, 2025, the Appellant had been directed to place on record the Franchise and Service Agreement dated 1st April, 2022. On the very same day, notice was also issued in the present appeal. 4. In the meantime, the matter was also referred to mediation in the Special Mediation Drive – Mediation ‘For the Nation 2.0’. 5. Today, it is submitted on behalf of the parties that they have resolved their disputes amicably and have placed the settlement agreement dated 15th June, 2026 before Court. In terms of the said settlement agreement, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2026 at 11:24:58 Appellant has agreed to make full and final settlement payment of Rs.8,00,000/-, which is also stated to be transferred to the Respondent. The proof of payment has also been placed on record. 6. The terms of settlement have been perused by the Court. The same are lawful and there is no impediment in recording the same. 7. Mr. Suryansh Gaur, ld. Counsel for the Respondent also confirms that the settlement has been arrived at and the amount of Rs.8,00,000/- has been received by the Respondent. 8. Accordingly, a copy of the settlement agreement, which is placed by the Appellant before the Court, is taken on record. Let the same be retained with the record of the present appeal. The parties shall be bound by the terms of settlement agreement. 9. The appeal is disposed of as settled. The pending application, if any, are also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 13, 2026 aj/Ck This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2026 at 11:24:58