Monte Carlo Fashions Limited v. Monte Carlo The Shoes & ORS

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 892/2015 MONTE CARLO FASHIONS LIMITED ..... Plaintiff Through :

Mr. Ankur Sangal and Ms. Sucheta Roy, Advs.

versus MONTE CARLO THE SHOES & ORS ..... Defendants Through :

Mr. Jitender Singh, sole proprietor of defendant no.1 and Mr. Surender Singh, sole proprietor of defendant no.3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.12.2015 Mr. Jitender Singh and Mr. Surender Singh, sole proprietors of defendant nos.1 & 3 respectively, are present in Court. It is submitted by them that defendant no.2 is their grand father. They submit that they neither wish to file the written statement nor want to contest the suit. They are ready to suffer a decree in terms of prayers 'a' to 'd'. It is further submitted that defendants are not using the trademark 'MONTE CARLO' anymore. Defendant nos.1 & 3 have since been closed down. Their statements on oath have been recorded separately. In view of the statements made by sole proprietors of defendant no.1 & 3, learned counsel for the plaintiff submits that plaintiff is not pressing other reliefs except the prayers 'a' to 'd'.

Accordingly, suit is decreed in terms of prayers 'a' to 'd'. No order as to costs. Miscellaneous applications are disposed of as infructuous. A.K. PATHAK, J.

DECEMBER 22, 2015 dk