V. Kameswar Rao, J. - (1.) Cm No. 48859/2018 (for placing additional annexures on record) in FAO(OS) 172/2018 CM No. 48876/2018 in FAO(OS) 173/2018 (for taking additional documents on record) For the reasons stated in the applications, the same are allowed and disposed of. FAO(OS) 172/2018 & FAO(OS) 173/2018 These two appeals have been filed by the appellant challenging the common order dated 8th October, 2018 passed by the learned Single Judge whereby the two applications filed by the appellant being IA No. 13958/2018 in CS(OS) 2041/2013 and IA. No. 13957/2018 in CS(OS) 1592/2014 seeking modification of order dated 12th July, 2018 were dismissed.
(2.) The facts as noted from the appeals are that Civil Suit bearing no. 2041/2013 was filed by the respondent M/s. Jingle Bell Amusement Park (Pvt.) Ltd. against the appellant herein seeking permanent injunction, possession and for recovery of rent and damages / mesne profit till recovery of possession in respect of property bearing no. 41/24, 25, 42/20, 50/1, 51/4 min at Village Alipur, Tehsil-Delhi against the appellant herein. This court issued summons in the Suit on 25th October, 2013. Another Suit being CS (OS) 1592/2014 was filed by the appellant herein against the Splash Island Pvt. Ltd. and Ors. seeking permanent injunction against them restraining them from infringing trade mark acquired by the appellant.
(3.) During the pendency of the Suit, the matter was settled between the parties and in furtherance to the same a settlement agreement was executed between the parties. The Suits were disposed of by this Court in terms of the Settlement on 30th June, 2015. It is the case of the appellant that as the respondent has not complied with the terms of settlement and violated the same, the appellant had filed a Contempt Petition bearing no. 225/2017 against the Directors of Splash Island Pvt. Ltd. The said petition was disposed of on 20th March, 2017 giving liberty to the appellant to seek compliance of the order of which the Contempt is alleged by way of execution proceedings. The appellant preferred an application bearing no. 14331/2017 in CS(OS) 1592/2014 for recall of order dated 30th May, 2015. On 12th July, 2018, this Court ordered for implementation of the settlement agreement from 12th July, 2018 in the said application.;