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High Court of DelhiCS(OS)/1250/2008

Ksb Aktiengesellschaft & ORS v. Ksb Global Limited

2017-02-03Joint Registrar (Judicial) Sh. Amit Kumar (Dhjs)2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1250/2008 & IA No.20065/2015 (u/S 151 CPC) KSB AKTIENGESELLSCHAFT & ANR.

..... Plaintiffs Through:

Mr. Shashi Ojha, Adv.

Versus

KSB GLOBAL LIMITED ..... Defendant Through:

Mr. Alok Sunny, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 03.02.2017 1.

In this suit for permanent injunction against infringement of trademark, passing off and for recovery of damages, vide judgment dated 4th June, 2010, a decree for permanent injunction was passed and an enquiry into the profits if any earned by the defendant by use of the impugned trademark was ordered.

2.

The counsels further inform that RFA (OS) No.107/2010 preferred against the judgment and decree dated 4th June, 2010 was dismissed on 11th September, 2014 and the matter rests.

3.

The counsel for the plaintiffs and the counsel for the defendant state that as per the statement of the plaintiffs accepted by the learned Registrar, a sum of Rs.4,70,241/- is due from the defendant to the plaintiffs; the Registrar concluded the enquiry on 15th February, 2013 and as per the said enquiry, a sum of Rs.4,70,241/- has been found due to the plaintiffs from the defendant.

CS(OS) 1250/2008

4.

Accordingly, a decree is passed in favour of the plaintiffs and against the defendant for recovery of Rs.4,70,241/-.

5.

If the defendant does not pay the said amount on or before 18th March, 2017, the said amount will incur interest with effect from 19th March, 2017 at the rate of 11% per annum till the date of payment. 6.

The plaintiffs are also awarded costs of the suit. 7.

Decree sheet be prepared.

8.

The counsel for the plaintiffs states that as per the arrangement between the two plaintiffs, the decretal amount is to be received by the plaintiff no.2.

9.

The decretal amount be paid by the defendant to plaintiff no.2. 10.

The counsel for the plaintiffs further states that at the address of the defendant, construction is going on.

11.

The counsel for the defendant is directed to, within 10 days hereof, furnish the present address of the defendant in writing to the counsel for the plaintiffs.

RAJIV SAHAI ENDLAW, J FEBRUARY 03, 2017 'gsr'..

CS(OS) 1250/2008