Shree Sant Kripa Intellectual And ORS. v. Aar Jay Enterprises & ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 711/2018 & I.A.No.3340/2018 SHREE SANT KRIPA INTELLECTUAL AND ORS. ..... Plaintiffs Through Mr.Amit Jain, Advocate.

versus AAR JAY ENTERPRISES & ANR.

..... Defendants Through Mr.Amit tomar, Advocate for D-1 & 2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.07.2018 Present suit has been filed seeking permanent injunction restraining infringement of trademark, copyright, passing off of trademark, trade name, damages, delivery up etc. This Court vide order dated 12th March, 2018 had passed an ex parte ad interim injunction order against the defendants and appointed two Local Commissioners.

Today learned counsel for the defendants, on instructions of defendant no.2, who is also the director of defendant no.1-company and personally present in Court, admits that the plaintiff is the owner of the trademark SYSKA. He states that the defendants have already withdrawn their trademark application on 19th March, 2018 for the mark SYSKA. He also states that the defendants are willing to pay token damages of Rs.1 lakh to the plaintiffs within a period of two weeks.

In view of the aforesaid statement, learned counsel for the plaintiffs does not wish to press for any other relief in the present suit. It is pertinent to mention that during the raids carried out by the Local Commissioners, no infringing goods were seized. The statements made by learned counsel for the parties are accepted by this Court and the parties are held bound by the same. Registry is directed to prepare a decree sheet accordingly. The suit and all pending applications stand disposed of. MANMOHAN, J JULY 11, 2018 KA