Aspire World Immigration Consultancy Services Llp v. Aspire World International & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 202/2017 & IA No.3315/2017 (u/O XXXIX R-1&2 CPC) ASPIRE WORLD IMMIGRATION CONSULTANCY SERVICES LLP ..... Plaintiff Through:

Mr. Kapil Wahdwa, Ms. Rupali Samuel and Ms. Devyani Nath, Advs.

Versus

ASPIRE WORLD INTERNATIONAL & ANR.

..... Defendants Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 08.05.2017 1.

None has appeared for the two defendants today also. 2.

The counsel for the plaintiff on enquiry states that the defendant No.1 was served on 24th April, 2017 by speed post AD, registered post AD as well as electronically.

3.

The counsel for the plaintiff on enquiry further states that the website www.aspireworldintl.com, in compliance of the order dated 18th April, 2017, was taken down by the defendant No.2.

4.

It is evident that the defendant No.1 is not interested in contesting the suit.

5.

The defendants are proceeded against ex-parte. CS(COMM) 202/2017

6.

The counsel for the plaintiff on enquiry states that subject to a decree for permanent injunction and mandatory injunction as sought being passed, the plaintiff will not press for the other reliefs. 7.

The plaintiff, on the basis of the averments made in the plaint and documents filed, has made out a case for grant of permanent injunction and mandatory injunction sought. No need for relegating the plaintiff to exparte evidence is felt, for the reasons stated in Satya Infrastructure Ltd. Vs. Satya Infra & Estates Pvt. Ltd. 2013 SCC OnLine Del 508. 8.

A decree is accordingly passed in favour of the plaintiff and (a) against the defendant No.1 M/s Aspire World International, of permanent injunction in terms of prayer paragraphs A & B of the plaint; and, (b) against the defendant No.2 M/s GoDaddy.com LLC, of mandatory injunction directing the defendant No.2 to, at the cost and expense if any of the plaintiff, transfer the domain name www.aspireworldintl.com in favour of the plaintiff within thirty days of service of a copy of this order. 9.

The defendants having not contested the suit, no costs. Decree sheet be drawn up.

RAJIV SAHAI ENDLAW, J.

MAY 08, 2017 bs..

CS(COMM) 202/2017