Mr Arun Chopra v. Mr Kiran Wagh

$~3.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 103/2016 and I.A. No. 2082/2016 MR ARUN CHOPRA ..... Plaintiff Through:

Mr. Prabhu Tandon, Advocate.

versus MR KIRAN WAGH ..... Defendant Through:

Mr. Prince Pawana, Advocate along with defendant in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 26.02.2016 The defendant appears along with his counsel. He is identified by his counsel. He has also produced his Aadhaar Card as proof of his identity, which has been shown to the Court and returned. Photocopy of the same has been retained on record.

The defendant states that he shall not use the trading name "KAKA'S KITCHEN" or any other similar mark, which is deceptively similar to the plaintiff's mark. The defendant shall remain bound by this statement. Therefore, a decree of perpetual injunction is passed against the defendant from using the trade name "KAKA'S KITCHEN" or any other deceptively similar or confusing mark to the plaintiff's mark "KAKE-DAHOTEL". Learned counsel for the plaintiff submits that since the defendant has

suffered the decree, as aforesaid, the plaintiff does not press for the other reliefs in the suit.

Accordingly, the suit stands disposed of in the aforesaid terms. Since the suit has been disposed of on the second hearing itself, the plaintiff shall be entitled to refund of 50% of the Court Fees. VIPIN SANGHI, J FEBRUARY 26, 2016 B.S. Rohella