Ravi Somani v. Sandeep Tayal

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 2585/2014 RAVI SOMANI ..... Plaintiff Through :

Mr. Rajesh Banati, Adv.

versus SANDEEP TAYAL ..... Defendant Through :

Mr. Sunil Dwivedi, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.12.2015 It is submitted that valuation of this suit is less than Rs.2 Crores, hence suit be transferred to the District Judge in view of the notification no.27187/DHC/Orgl. dated 24.11.2015 under Section 4 of the Delhi High Court (Amendment) Act, 2015.

Learned counsel for the plaintiff submits that suit be transferred to the District Judge (West District), Tis Hazari Courts Complex, Delhi. Ordered accordingly. Parties shall appear before the District Judge (West District), Tis Hazari Courts Complex, Delhi on 6th February, 2016. Registry to transmit the file to the said court forthwith.

CS(OS) 892/2015 Statement of Mr. Surender Singh S/o Mr. Sajan Singh, aged about 25 years R/o 4133, Gali No.108, Sant Nagar, Burari, Delhi. On SA I am the sole proprietor of defendant no.3, that is, Sethies Shoes House, which was being run from 4133, Gali No.108, Sant Nagar, Burari, Delhi. I acknowledge that plaintiff is the registered proprietor of the trademark 'MONTE CARLO'. I have closed down the defendant no.3. I was not aware about the plaintiff's registered trademark 'MONTE CARLO'. I had applied for the registration of the trademark 'MONTE CARLO THE SHOES' with the trademark Registry, New Delhi. I will now withdraw the said application within four weeks.

I will not use the plaintiff's trademark 'MONTE CARLO' in future.

I am ready to suffer a decree in terms of prayers 'a' to 'd'. I have made this statement voluntarily, without any force or coercion.

RO & AC

CS(OS) 892/2015 Statement of Mr. Jitender Singh S/o Mr. Sajan Singh, aged about 28 years R/o 4133, Gali No.108, Sant Nagar, Burari, Delhi. On SA I had started the business in the name of defendant no.1 as sole proprietor thereof. I was not aware about the plaintiff's registered trademark 'MONTE CARLO'. Now, I acknowledge that plaintiff is the registered proprietor of the trademark 'MONTE CARLO'.

I have closed down the business. Now, I am doing a job as a Team Manager with Reliance Home Finance, on a monthly salary of Rs.15,000/-. Defendant no.2 is my grand father. He is 80 years old and not doing any business. I will not use the plaintiff's trademark 'MONTE CARLO' in future. I will hand over the goods seized by the Local Commissioner to the plaintiff's representative as and when he contacts me.

I am ready to suffer a decree in terms of prayers 'a' to 'd'. I have got instructions from the defendant no.2 to make statement on his behalf that he is ready to suffer a decree in terms of prayers 'a' to 'd'. I have made this statement voluntarily without any force or coercion. RO & AC