CS(COMM) 501/2026 Page 1 of 3 $~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 501/2026 CAPITAL FOODS PRIVATE LIMITED .....Plaintiff Through: versus FIVESTAR DEHYDRATION PVT LTD & ANR. .....Defendants Through: Mr. Rajit Ghosh and Ms. Tanya Arora, Advocates. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 20.07.2026 I.A. 18493/2026 By way of the present joint application filed under Order XXIII Rule 3 read with section 151 of the Code of Civil Procedure 1908, the parties seek a decree in terms of the settlement contained in the present application. 2. The terms of the settlement have been set-out in para 3 thereof. 3. Learned counsel appearing for the plaintiff submits, that they are given to believe that the defendants have changed their trade mark and have discontinued the use of the words “Schezwan Chutney”/ “Schezwan Hot Chutney”/ “Schezwan Sauce Hot Chutney” for their product and are now using the name “Schezwan Sauce”/ “Schezwan Spicy Sauce” instead. 4. Learned counsel appearing for the defendants concurs in the submission; and concedes the prayer made in the application. 5. The court has perused the terms of settlement as contained in the application; and is satisfied that the parties have resolved their 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 30/07/2026 at 14:45:34 CS(COMM) 501/2026 Page 2 of 3 disputes under a lawful agreement; and nothing further survives in the adjudication of the present suit. 6. The application is allowed. 7. Accordingly, the present suit is disposed-of by passing a decree of permanent injunction in favour of the plaintiff and against the defendants the terms of the settlement contained in para 3 of the present application. 8. The parties shall be bound by the terms of the settlement. 9. The application is disposed-of. CS(COMM) 501/2026 10. The Registry is directed to draw-up the requisite decree in favour of the plaintiff. 11. At this stage, learned counsel appearing for the plaintiff seeks refund of court-fee, submitting that the parties have settled the matter at the very inception and even pleadings are not yet complete. 12. In view of the Court Fees (Delhi Amendment) Act, 2026 which came into effect on 06.03.2026, section 16-A of the Court-fees Act, 1870 (as was applicable to Delhi) has been omitted. Accordingly, section 16 of the Court-fees Act, 1870 would be applicable, which allows for refund of the entire amount of court fee affixed on the plaint. 13. Accordingly, the Registry is directed to draw-up the requisite certificate in favour of the plaintiff for refund of the entire court fee affixed on the plaint within 02 weeks from today. 14. Pending applications, if any, also stand disposed-of. 15. The date of 07.08.2026 before the learned Joint Registrar, stands cancelled. 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 30/07/2026 at 14:45:34 CS(COMM) 501/2026 Page 3 of 3 16. The date of 29.10.2026 before court, stands cancelled. ANUP JAIRAM BHAMBHANI, J JULY 20, 2026/V.Rawat 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 30/07/2026 at 14:45:34