Steelbird Hi-Tech India Ltd. v. Raj Electricals

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 725/2019, I.A.No.18337/2019(u/O.XXXIX R.1&2 CPC) STEELBIRD HI-TECH INDIA LTD.

..... Plaintiff Through:

Ms. Diva Arora with Ms. Eva Bishwal & Ms. Pritika Kohli, Advs.

Versus

RAJ ELECTRICALS ..... Defendant Through:

Mr. Varun Tandon, Adv.(D-2841/17) Mobile No.+91-8527285259.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 22.01.2020 1.

In pursuance to the summons issued vide order dated 23rd December, 2019, Mr. Varun Tandon, Advocate appears for the defendant and states that Vakalatnama will be filed in the course of the day. 2.

The counsel for the plaintiff and the counsel for the defendant state that a settlement has been arrived at; the defendant has agreed to suffer a decree for permanent injunction as sought by the plaintiff and to pay costs of Rs.75,000/- to the plaintiff within two weeks of today. 3.

Mr. Varun Tandon, Advocate is bound down to file his Vakalatnama on or before Friday i.e. 24th January, 2020 with intimation to the counsel for the plaintiff.

4.

A decree is passed, in favour of the plaintiff and against the defendant, of (i) permanent injunction in terms of prayer paragraph 31 (a) of the plaint dated 21st December, 2019; (ii) destruction/removal by the defendant no.1 of the impugned mark from all goods or otherwise wheresoever it may be contained and furnishing an affidavit of Mr. Vinod CS(COMM) 725/2019

Nayar, Proprietor of the defendant Raj Electricals of having done so to the counsel for plaintiff, within two weeks hereof; and, (iii) recovery of costs computed at Court fees paid and professional fee and expenses assessed at Rs.1,00,000/-; however if the defendant, on or before expiry of two weeks pays to the plaintiff through counsel a sum of Rs.75,000/-, the decree for recovery of the balance costs shall stand satisfied; if the said amount is not paid, the plaintiff shall be entitled to recover the awarded costs from the defendant together with interest at 6% per annum. Decree sheet be prepared.

RAJIV SAHAI ENDLAW, J.

JANUARY 22, 2020 'ak'..

CS(COMM) 725/2019