Hero Cycles Limited v. Pravin Vijay Patil & Another

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 884/2016 & I.As. 14906/2013, 19287/2013 AND 8471/2014 HERO CYCLES LIMITED ..... Plaintiff Through: Mr. M.K. Miglani, Advocate with Mr. Jithin M. George, Advocate.

versus PRAVIN VIJAY PATIL & ANOTHER ..... Defendants Through: Mr. Shwetabh Sinha, Advocate with Ms. Ashuni Mohan, Advocate with Mr. Pravin Patil, defendant No.1 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 24.08.2018 Present suit has been filed for permanent injunction restraining infringement of trade mark, trade name, passing off, delivery up and rendition of accounts etc.

Today, learned counsel for defendants, on instructions of defendant No.1, who is personally present in Court, states that he has no objection if the present suit is decreed in accordance with para 24(i) and (ii) of the plaint. He further assures and undertakes to this Court that the defendants shall withdraw their applications for the mark containing the expression SPRINT. He also states that the defendants shall not oppose any future or pending

application of the plaintiff containing the mark SPRINT. In view of the aforesaid statements, learned counsel for plaintiff does not wish to press the present suit for any other or further reliefs. The statements, assurances and undertakings given by both the learned counsel are accepted by this Court and parties are held bound by the same.

Accordingly, present suit is decreed in terms of para 24(i) and (ii) of the plaint as well as the statements, assurances and undertakings given by the learned counsel for defendants on instructions of defendant No.1. Registry is directed to prepare a decree sheet accordingly. With the aforesaid observations, present suit and all pending applications stand disposed of.

MANMOHAN, J AUGUST 24, 2018 js