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High Court of DelhiCS(OS)/1741/2011

Living Media India Limited And Another v. Anjani Goyal

2017-11-23Joint Registrar (Judicial) Sh. Anil Kumar (Dhjs)2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1741/2011, IA No.11384/2011 (u/O 39 R1 & 2) LIVING MEDIA INDIA LIMITED AND ANR ..... Plaintiffs Through:

Mr. Sajad Sultan, Ms. Nancy Roy, Advs. for Mr.C.M. Lall, Adv.

versus ANJANI GOYAL ..... Defendant Through:

None

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.11.2017 1.

The plaintiffs Living Media India Ltd. and TV Today Network Limited have sued the sole defendant Anjani Goyal for permanent injunction restraining the defendant from using the trademark 'Aaj Tak' and the tagline 'Sabse Tez' of the plaintiffs, thereby passing off his services as that of the plaintiff, and for ancillary reliefs.

2.

The Suit was entertained and vide ex parte ad interim order dated 22nd July, 2011, the defendant was restrained from using the name 'Aaj Tak', tagline 'Sabse Tej' or its logo or any portion thereof. 3.

The counsel for the plaintiffs on enquiry states that the said interim order continues.

4.

The defendant failed to appear inspite of service and vide order dated 19th September, 2012 was proceeded against ex parte. 5.

The plaintiffs have led ex parte evidence of Dr. Punit Jain and closed their ex parte evidence.

CS(OS) 1741/2011

6.

The counsel for the plaintiff has been heard and the Suit file perused. 7.

The plaintiff, on the basis of ex parte unrebutted evidence has made out a case for grant of relief of permanent injunction as claimed in prayer paragraphs 37(a) and (b) of the plaint dated 20th July, 2011. 8.

The counsel for the plaintiff fairly states that since the defendant has abided by the interim injunction, the plaintiffs are not pressing for damages. 9.

A decree is accordingly passed, in favour of the plaintiffs and against the defendant, of (i) permanent injunction in terms of prayer paragraphs 37(a) and (b) of the plaint dated 20th July, 2011; and (ii) of costs; counsel's fee assessed at Rs.50,000/-.

10.

Decree sheet be prepared accordingly.

RAJIV SAHAI ENDLAW, J NOVEMBER 23, 2017 Pk..

CS(OS) 1741/2011