The court dismissed the suit and notice of motion after finding the plaintiffs were in default and had lost interest in the matter regarding the domain name 'www.cellent.in', while the defendant had already ceased using it.
The suit and notice of motion are disposed of with liberty. No costs awarded.
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SUIT NO. 2690 OF 2006
Cellent Technologies (India) Private Limited ....Plaintiffs Vs.
360 Global Solutions & Anr. ....Defendants.
None for the Plaintiffs.
Ms. Ruplai Kamble a/w Ms. Swati Tekavde i/by Mr. Mohan Tekavde for the Defendants.
CORAM : ANOOP V. MOHTA, J. DATE : 9th FEBRUARY, 2011
P.C.:
The notice of motion is taken out by the Plaintiffs, for the interim injunction/ protection in a suit based upon the domain name “www.cellent.in”. This court, after notice to the Defendants, by order dated 22nd September, 2006 recorded the statement of Defendant No.2 who appeared in person. He states that “as of today he has stopped using the impugned domain name “www.cellent.in” and will not do so without the leave of the Court.” The statement is accepted. The motion thereafter, made returnable in normal course.
2 It appears from the record that though the matter is listed on board from time to time, the Plaintiffs and/or their advocate never
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appeared practically since 27/11/2007 and lastly recorded, even on 21/01/2010.
3 The Defendants also not filed any reply to this motion and/or written statement to the plaint. The statement so recorded on 22nd September, 2006, therefore remained intact till this date. There is no application or motion taken out by the Defendants seeking permission to use the domain name in question. As Defendants have stopped using the domain name since 2006, I see there is no reason to keep this motion as well as the Suit pending. Therefore, the motion as well as the suit are disposed of as the Plaintiffs and their advocates absent since 2007. They were present only on 22nd September, 2006. It appears that the Plaintiffs have lost interest in the matter, as the Defendants themselves stopped using the domain name and never apply to leave of the court till this date as recorded above.
4 In view of this, the Suit as well as the notice of motion are disposed of in view of the statement already recorded, with liberty. No costs.
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether the suit and notice of motion should be disposed of in the absence of the plaintiffs who ceased appearing since 2007.
Anoop V. Mota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
