Trademark suit for permanent injunction against counterfeiting. Defendants agreed to suffer decree and pay nominal costs. Court decreed suit, awarded costs, and disposed of matter.
Decree for permanent injunction in terms of Prayer i, ii, iii and iv of Paragraph-46 of the plaint. Cost of Rs. 10,000/- payable by defendants 1 and 2.
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$~14
versus
RAJA BHAI TRADERS & ANR .....Defendants Through: Mr. C.P. Sharma, Advocate for D-1 Mr. Bhuvneshwar Tyagi, Advocate for D-3
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 12.11.2024
trademark/ trade dress
“1. Learned counsels for the defendants No. l and 2 submit that they have received instructions from the respective defendants that both the defendants have no objection to the decree being passed in respect of prayers 46(i) to (vii). With respect to prayer 46(viii) and (ix), it is submitted that both the defendants are small shopkeepers and they are willing to pay a nominal cost of Rs. 10,000/- each.
xxx xxx xxx”
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 18/11/2024 at 12:18:32
th 6. When the present matter was listed for hearing on 17 September, 2024, this Court had noted as follows:
“1. Learned counsel appearing for defendant no.1 submits that the defendant no.1 is ready to suffer a decree of permanent injunction. He further submits that defendant no.1 has already closed his shop, which he was running with the name RAJA BHAI. He submits that defendant no.1 is now working in some other shop, and is no more running his own shop after the COVID-19 lock-down.
2. Learned counsel appearing for defendant no.3 also submits that he is ready to suffer a decree of permanent injunction.
xxx xxx xxx”
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 18/11/2024 at 12:18:32
10.1 The suit is decreed in favour of the plaintiff and against the defendants in terms of Prayer ‘i’, ‘ii’, ‘iii’ and ‘iv’ of Paragraph-46 of the plaint.
10.2 Defendant nos. 1 and 2 shall pay cost of ₹10,000/- to the plaintiff, to be paid through the plaintiff’s counsel.
MINI PUSHKARNA, J
NOVEMBER 12, 2024 au
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 18/11/2024 at 12:18:32
Mini Pushkarna
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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