Idea Cellular Limited v. Bharti 3g Solutions Ltd

$~O-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 516/2016, IA No. 10963/2014, 8743/2017 IDEA CELLULAR LIMITED ..... Plaintiff Through :

Mr.Ankur Sangal, Ms.Sucheta Roy, Advocate.

versus BHARTI 3G SOLUTIONS LTD ..... Defendant Through :

None.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 07.09.2017 The present suit is filed for a decree of permanent injunction, rendition of accounts and damages restraining the defendant, its family members, partners/promoters as the case may be, directors, servant, agents, franchisees or any one acting for and on its behalf in any manner using the names/marks "ADITYA BIRLA" and "IDEA" or any other deceptive similar mark either as a trade mark, trading style, logo or in any other manner in relation to any services especially for telecommunication, telecom infrastructure, call-back services, mobile services etc., or in any other form whatsoever so as to result in infringement of the plaintiff's trademarks. This suit was listed on 29.05.2014. The summons were issued against the defendant and an ex-parte order was also passed on 29.05.2014. However the defendant could not be served despite the

summons sent to it on various dates. However the learned counsel for the plaintiff now seeks to withdraw the present suit on the ground that the defendant has deleted the domain name www.bharti3gsolutions.com from its website. Hence, as submitted, the suit stands dismissed as withdrawn. Decree sheet be drawn. Pending applications are also disposed of.

YOGESH KHANNA, J SEPTEMBER 07, 2017 M