Diageo Scotland Limited v. Patiala Distilleries And Manufactureres Ltd & ORS.

#2 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 288/2018 & I.A. 9785/2013, I.A. 11644/2013 DIAGEO SCOTLAND LIMITED ..... Plaintiff Through Mr. Sudhir Chandra, Senior Advocate with Mr. C.A. Brijesh, Mr. Peeyoosh Kalra and Mr. Rohan Seth, Advocates versus PATIALA DISTILLERIES AND MANUFACTURERES LTD & ORS. ..... Defendants Through Mr. Pankaj Kumar, Proxy Counsel for Mr. Sravan Kumar Bansal, Advocate

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.03.2018 Present suit has been filed for injunction and damages for infringement of trademarks, passing off and unfair trade competition. Today, Mr. Pankaj Kumar, Advocate on instruction of Mr. Sravan Kumar Bansal, learned counsel for the defendants states that the defendants have no objection if the present suit is decreed in accordance with the prayer (A) of the present plaint, provided plaintiff gives up its other reliefs. He further states that the defendants shall withdraw all applications with respect to the impugned device within eight weeks.

In view of aforesaid statement/undertaking, learned senior counsel for the plaintiff states that he has no objection if the present suit is decreed in

the aforesaid terms.

The statement/undertaking given by learned counsel for the defendants is accepted by this Court and defendants are held bound by the same.

Consequently, present suit is decreed in accordance with prayer (A) of the present plaint as well as the undertaking given by the defendants that they shall withdraw all their applications for registration with respect to the impugned device within eight weeks. Registry is directed to prepare a decree sheet accordingly.

With the aforesaid directions, present suit and pending applications stand disposed of.

MANMOHAN, J MARCH 16, 2018 rn