Disney Enterprises Inc & ANR v. M/S Aps Retails Pvt Ltd & ORS

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 707/2018 DISNEY ENTERPRISES INC. & ANR.

..... Plaintiffs Through:

Ms.

S.

Jain, Mr.Shivam Sharma, Advocates.

versus M/S. APS RETAILS PVT. LTD. & ORS.

..... Defendants Through:

Mr.Ashok Kumar Gahaloth, Advocate along with Mr.Ajay Pratap Singh, director of defendant No.1 and proprietor of defendants No.2 and 3.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 10.09.2018 1.

Mr.Ajay Pratap Singh, director of defendant No.1 and proprietor of defendants No.2 and 3 submits that he is not manufacturing toys, stationery and gift items. He submits that defendants are selling toys, stationery and gift items from the two stores at Chandigarh. He further submits that he procured the goods from various suppliers and distributors including Chopra Traders, Chandigarh, Funskool India Ltd., Chandigarh, Mattel India Ltd., Chandigarh, H.M. Arora, Ludhiana believing that the suppliers had the requisite licence. He further submits that he would be careful in future to ensure that the suppliers and distributors are supplying the authentic and licensed goods. He further submits that in case of any doubt, he will verify the claim/goods of the distributor/supplier from the plaintiff and the counsel for the plaintiff is directed to furnish the contact number of the person who should be contacted for such verification.

2.

The suit is disposed of in terms of the statement made by the defendants today in Court.

The defendants shall remain bound by the statement made by the defendants today in Court. 3.

The plaintiff is at liberty to take appropriate action against the manufacturers, suppliers and distributors of the spurious goods in accordance with law.

4.

The defendant shall sign the order sheet before leaving the Court. 5.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 10, 2018 dk