Saurabh Traders Through Its Proprietor Saurabh Bansal v. Swatch Ag & ORS.

$~46.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M)-IPD 13/2025 and CM APPL. 25384/2025 SAURABH TRADERS THROUGH ITS PROPRIETOR SAURABH BANSAL .....Petitioner Through:

Mr. G. K. Kaushik, Mr. Abhinav Kaushik, Mr. Aman Kaushik and Mr. Rishabh Attri, Advocates versus SWATCH AG & ORS.

.....Respondents Through:

Mr. Rupesh Kumar Sinha, Advocate

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 02.05.2025 1.

During the course of hearing today, counsel for the petitioner/defendant no.2 was called upon to take instructions whether the petitioner/defendantno.2 is willing to make a statement that it will not sell products bearing the impugned marks 'SWATCH', 'TISSOT', 'OMEGA', 'RADO', 'LONGINES' or any other mark which are identical or deceptively similar to the aforesaid marks of the respondents/plaintiffs. 2.

The matter was passed over for the petitioner to take instructions. 3.

When the matter was called up again, the counsel for the petitioner/defendant no.2, on instructions, submits that the petitioner/defendant no.2 is willing to make a statement that the petitioner shall not use the aforesaid impugned marks.

4.

Counsel for the petitioner/defendant no.2 further submits that the CM(M)-IPD 13/2025 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 01/07/2025 at 01:06:16

watches bearing the impugned marks which were recovered from the premises of the petitioner during the execution of the Local Commission may be destroyed in the presence of the representatives of the petitioner/defendant no.2 and the respondents/plaintiffs. 5.

In light of the aforesaid statements made by the petitioner, counsel for respondents/plaintiffs, on instructions, submits that the respondents/plaintiffs shall not insist on seeking damages and costs in the suit.

6.

In view of the above, the present petition is disposed of with a direction that the parties shall approach the Trial Court seeking disposal of the suit on the basis of the aforesaid statements made by the petitioner/defendant no.2.

7.

Based on the above, the Trial Court will pass the appropriate orders. 8.

The present petition stands disposed of.

AMIT BANSAL, J MAY 02, 2025 ds CM(M)-IPD 13/2025 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 01/07/2025 at 01:06:16