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High Court of DelhiCS(COMM)/102/2017

5d Robotics Inc. v. Maaligai Parai Karuppa And Others

2017-12-07Joint Registrar (Judicial) Sh. Sanjay Jindal (Dhjs)2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 102/2017 5D ROBOTICS INC.

..... Plaintiff Through:

Mr. Pravin Anand, Mr. Nischal Anand & Mr. S. Shivakumar, Advs.

Versus

MAALIGAI PARAI KARUPPA AND OTHERS ..... Defendants Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 07.12.2017 1.

The sole plaintiff viz. 5D Robotics Inc. instituted this suit against the two defendants viz. Maaligai Parai Karuppa and Asimo Multitech (P) Ltd. for permanent injunction restraining infringement of copyright and passing off and for ancillary reliefs.

2.

The suit was entertained and vide ex parte ad-interim order dated 8th February, 2017, while issuing notice thereof, the defendants were restrained from infringing the plaintiff's copyright and from using any trade mark deceptively similar to the plaintiff's trade mark and / or from using any logo deceptively similar to the plaintiff's logo and from passing off their goods as those of the plaintiff.

3.

None appeared for the defendants despite service and the defendants were vide order dated 13th September, 2017 proceeded against ex parte and the interim order confirmed and the plaintiff relegated to lead its ex parte evidence.

CS(COMM) 102/2017

4.

The plaintiff has examined Mr. Nripendra Kashyap, its constituted attorney and closed its evidence.

5.

I have perused the pleadings, documents and the evidence led by the plaintiff and find the plaintiff to have made out a case for grant of the relief of permanent injunction as claimed in para no.20(a) of the plaint dated 7th February, 2017.

6.

The plaintiff is also found entitled, besides the costs of the suit, damages in the sum of Rs.5 lacs from the defendants jointly and severally. 7.

A decree is accordingly passed in favour of the plaintiff and against the two defendants jointly and severally for i) permanent injunction in terms of prayer para no.20(a) of the plaint dated 7th February, 2017; ii) recovery of damages in the sum of Rs.5 lacs; iii) costs; counsels fee assessed at Rs.1 lac. Decree sheet be drawn up.

RAJIV SAHAI ENDLAW, J.

DECEMBER 07, 2017 'gsr'..

CS(COMM) 102/2017