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High Court of DelhiCS(COMM)/853/2018

Apeejay Stya Knowledge Llp & ORS v. Apj Public Hr. Sec. School & ANR

2018-10-09Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 853/2018 & I.As. 6412/2018 AND 12856/2018 APEEJAY STYA KNOWLEDGE LLP & ORS ..... Plaintiffs Through: Mr. Amarjit Singh, Advocate with Ms. Shubhi Sharma, Advocate.

versus APJ PUBLIC HR. SEC. SCHOOL & ANR ..... Defendants Through: Mr. Ritesh Khare, Advocate and Mr. Akhilesh Gussain, Advocate with Mr. Lalit Mithwani, Director of defendant No.2 in person and Mrs. Shilpi Mithwani, Principal of defendant No.1 and Secretary of defendant No.2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.10.2018 Present suit has been filed for permanent injunction restraining infringement of trade mark, dilution and damages etc. Learned counsel for defendants, on instructions of Mr. Lalit Mithwani, Director of defendant No.2-Society and Mrs. Shilpi Mithwani, Principal of defendant No.1-School and Secretary of defendant No.2Society, who are personally present in Court, states that defendants have no objection if the present suit is decreed in accordance with para 45(a) and (b) of the plaint.

Learned counsel for defendants further states that defendants shall change the name of the School as well as the Society to "A and P International Public School" and "A and P International Educational Society" respectively.

In view of the aforesaid statements/undertakings, learned counsel for plaintiffs does not wish to press for any other or further reliefs. The statements/undertakings given by the learned counsel for defendants are accepted by this Court and defendants are held bound by the same.

Consequently, the present suit is decreed in accordance with the aforesaid statements/undertakings. Registry is directed to prepare a decree sheet accordingly.

As a token of acceptance of today‟s order, the authorised representatives of the defendants are directed to sign the order sheet. MANMOHAN, J OCTOBER 09, 2018 js