Defendants in a suit for trademark infringement voluntarily undertook to hand over seized goods; court accepted undertaking and disposed of suit.
Present suit and pending application disposed; suit decreed on Plaintiffs' prayers based on Defendants' undertaking.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SAMSUNG ELECTRONICS COMPANY LIMITED & ANR. ..... Plaintiffs Through Mr. Rajeev Kumar with Mr. Nishant Joshi and Mr. Ajay Sharma, Advocates
versus LAXMI TELECOM & ORS. ..... Defendants Through Mr. Sandeep Puri with Mr. Ship Pratap Singh, Advocates for D-1, 5, 6 and 7 along with said defendants. Mr. Pravin Sharma with Ms. Kanika Sharma and Mr. Prannav Sharma, Advocates for D-3. Mr. Peeyoosh Kalra with Ms. Sana Babbar, Advocates for D-4. Defendants in person.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 13.12.2018
Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, unfair competition, rendition of accounts of profits / damages and delivery up etc.
Learned counsel for the defendants, on instructions of defendants who are personally present in Court that they have no objection if the present suit
is decreed in accordance with Prayer (i) and (ii) of the plaint.
Learned counsel for defendant nos. 1, 3, 5, 6 and 7 state that they would voluntarily hand over the goods seized by the Local Commissioners to learned counsel for the plaintiffs within one week.
In view of the aforesaid statement/undertaking, learned counsel for the plaintiff does not wish to press for any other or further relief.
The aforesaid statements/undertakings given by learned counsel for defendant nos. 1, 3, 5, 6 and 7 are accepted by this Court and said defendants are held bound by the same.
It is made clear that in the event the defendants are found to be violating the aforesaid undertaking, they shall be saddled with exemplary cost.
Registry is directed to prepare a decree sheet accordingly.
With the aforesaid directions, present suit and pending application stand disposed of.
MANMOHAN, J
DECEMBER 13, 2018 rn
MANMOHAN
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
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