Sun Pharmaceutical Industries Limited v. Parbha Sri Srimal & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 12/2018 & I.A. 138/2018 SUN PHARMACEUTICAL INDUSTRIES LIMITED ..... Plaintiff Through: Mr. Sachin Gupta, Advocate with Ms. Surabhi Grover, Advocate.

versus PARBHA SRI SRIMAL & ORS ..... Defendants Through: Ms. Kamla, Advocate for Mr. Sanjeev Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 15.05.2018 Present suit has been filed for permanent injunction restraining infringement of trade mark, copyright, passing off, unfair competition, rendition of accounts of profits/damages, delivery up etc. Today, learned counsel for defendants states that she has no objection if the present suit is decreed in accordance with paragraph 34 (a), (b) and (c) of the plaint. She further states that the defendants would change the name of one of their companies „Sun Bioceuticals Private Limited‟, to a new name which is not similar or identical to that of the corporate name of the plaintiff within six weeks. She also states that the goods seized by the Local Commissioner shall be handed over to an authorised representative of the plaintiff within a period of two weeks.

In view of the aforesaid statements/undertakings, learned counsel for plaintiff does not wish to press for any other or further relief. The statements/undertakings given by the learned counsel for defendants are accepted by this Court and defendants are held bound by the same.

Consequently, present suit and pending application are decreed in terms of the aforesaid undertakings given by the learned counsel for defendants and in accordance with paragraph 34 (a), (b) and (c) of the plaint. Registry is directed to prepare a decree sheet accordingly. MANMOHAN, J MAY 15, 2018 js