Dkh Retail Ltd v. Ninety Nine Labels Pvt Ltd

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 134/2017 DKH RETAIL LTD ..... Plaintiff Through:

Mr. Nitin Sharma, Mr. Sumant Narang & Mr. Shobhit K. Srivastava, Advocates (M-9810621272).

versus NINETY NINE LABELS PVT LTD ..... Defendant Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 04.07.2018 I.A. 8416/2018 (U/O 23 Rule 1 CPC) in CS(COMM)-134/2017 This is an application under Order XXIII Rule 1 CPC. The counsel for the Plaintiff submits that the Defendant is no longer operating the website www.99labels.com where the impugned goods bearing the Plaintiff's mark, labels, etc. were being offered and advertised. In view of this, the Plaintiff wishes to withdraw the present suit.

The suit is dismissed as withdrawn. Needless to say, if there is a fresh cause of action, the Plaintiff would avail remedies in accordance with law. The next date of hearing is cancelled.

PRATHIBA M. SINGH, J JULY 04, 2018 Rahul