Allowed

India Capital Management Limited and Anr. v. India Capital Finance and Investment Advisory Private Limited and Anr.

Bombay HC27 Oct 2016NMCD/1753/2019

Case brief

AI extract

What is this about?

Defendants submitted to decree in a commercial suit; suit decreed with disposal of Notice of Motion and grounds amended; plaintiffs to bear domain transfer charges. No costs.

What did the court decide?

Suit decreed; defendants to change name and surrender domains; trademark applications withdrawn; Notice of Motion disposed.

What the court decided

India Capital Management Limited and Anr. Vs India… — Company and Corporate | Bombay HC (2016)

¶1

906-NMCDL-169-2016.DOC

¶2

SHEPHALI

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL SUIT (L) NO. 221 OF 2016 WITH

¶4

NOTICE OF MOTION (L) NO. 169 OF 2016

¶5

India Capital Management Limited and Another…Plaintiffs
Versus
India Capital Finance and Investment Advisory …Defendants
Private Limited and Another.

¶6

Mr. Viraag Tulzapurkar, with Mr. Adheesh Nargolkar, Ms. Smriti
Yadav, Mr. Vivek Ayyagari i/b M/s. Khaitan and Company for
the Plaintiffs.
Mr. Alankar Kirpekar, i/b MAG Legal for the Defendants.
Mr. Hemant Mishra, CEO, of Defendant Company present.

¶7

CORAM:G.S. PATEL, J
DATED:27th October 2016

¶8

PC:-

¶9

1.On instructions from Mr. Hemant Mishra, CEO of the
Defendant, Mr. Kirpekar makes a statement that the Defendants
submit to a decree in terms of prayer clauses (a), (b) and (c).

¶10

2.In view of this, Mr. Tulzapurkar does not press his claim for
damages.

¶11

Page 1 of 2
27th October 2016

¶12

906-NMCDL-169-2016.DOC

¶13

3.As regard the question of change in corporate name of the
Defendant, this will be effected on or before 6th February 2017. As
regards the domain name, Mr. Kirpekar states that the websites are
only under construction and the Defendants are willing to surrender
the domain names and have them transferred to the Plaintiffs. The
transfer charges are to be borne by the Plaintiffs. A copy of this
order will be communicated to the domain name registrar.
Particulars of the domain name registrar will be furnished to the
Advocates for the Plaintiffs by Mr. Kirpekar on or before 16th
November 2016. I expect the domain transfers to be effected by 9th
December 2016.

¶14

4. The Defendants' applications for registration of trade marks will be withdrawn on or before 21st November 2016.

¶15

5.The Suit is decreed in these terms with no order as to costs.
Drawn up decree is dispensed with. Refund of Court Fees, if any, in
accordance with the Rules.

¶16

6. Notice of Motion (L) No. 169 of 2016 does not survive and is disposed of accordingly.

¶17

7. All concerned to act on an authenticated copy of this Order.

¶18

(G. S. PATEL, J.)

¶19

Page 2 of 2
27th October 2016

India Capital Management Limited and Anr. v. India Capital Finance and Investment Advisory Private Limited and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

India Capital Management Limited and Anr. v. India Capital Finance and Investment Advisory Private Limited and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Coram

Case details

Similar cases

Dart Industries Inc. and Anr. Vs Dilip B Shah and 2 Others

Hindustan Unilever Ltd. Vs Nilkanth Chemical

Mrs. Tahera Azimuddin Qureshi and 2 Ors. Vs Imtiyaz Ayub Haji Chotteshab Qureshi and 2 Ors.

Mrs. Preeti Paresh Shah Vs Jyotikumar Chunilal Mehta

Rathnamala Suresh Vs Babu Shivsubramaniam Chidambaram

Shyamsunder Bhagwandas Peswani Vs Beharilal Bhagwandas Peswani and 6 Ors.