Citigroup Inc & ANR v. Citicorp Business & Finance Pvt Ltd & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 416/2018 CITIGROUP INC & ANR ..... Plaintiffs Through Mr.C.M.Lall, Sr.Advocate with Mr.Dhruv Nayar, Ms.Kangan Roda and Mr.Rupin Bahl, Advocates.

versus CITICORP BUSINESS & FINANCE PVT LTD & ANR ..... Defendants Through Mr.Ram Ekbal Roy with Mr.Shekharprit Jha and Mr.Nishi Kumar Jha, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.02.2019 Present suit has been filed for injunction, damages for infringement of registered trade mark, passing off and unfair trade competition.

On 12th December, 2018, on account of disobedience of this Court‟s injunction order had sentenced Mr.Dinesh Kumar Patnia, the Director of the defendants, to civil imprisonment for fifteen days at Tihar Jail, Delhi.

Admittedly, Mr.Dinesh Kumar Patnia has undergone the said sentence.

Today learned counsel for the defendants states that the defendants have no objection to the present suit being decreed in accordance with the prayer A(i) of the prayer clause of the plaint. He,

however, seeks waiver of payment of costs - which the defendants had previously agreed to pay.

Learned senior counsel for the plaintiffs states that he has no objection to the same provided, in the event the defendants and/or Mr.Dinesh Kumar Patnia violate the present decree, the plaintiffs shall be at liberty to file fresh proceedings seeking punitive damages as well as the costs which has been agreed to be waived in the present proceedings.

Learned counsel for the defendants have no objection to the same.

The statements/undertakings given by learned counsel for the defendants are accepted by this Court and the defendants are held bound by the same.

Consequently, the present suit is decreed in accordance with the prayer A(i) of the prayers clause of the plaint. Registry is directed to prepare a decree sheet accordingly.

The Registrar of Companies is directed to take necessary steps to strike off the name of the defendants‟ company in accordance with the order dated 29th August, 2018.

As a token of acceptance of today‟s order, learned counsel for the defendants is directed to sign the order sheet. MANMOHAN, J FEBRUARY 22, 2019 KA