M/S K.Cj & Co v. M/S Kulubi Impex

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 920/2016 & I.A. 6415/2017 M/S K.CJ & CO ..... Plaintiff Through:

Mr. Kapil Kumar Giri, Advocate for Mr. S.K. Bansal, Advocate (M9899739391) versus M/S KULUBI IMPEX AND ORS.

..... Defendants Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 11.01.2019 The present suit for infringement of trademark, copyright and damages was filed against three persons, namely, M/s Kulubi Impex, Mr. Paresh Mansuklal Mehta and M/s S.W.W. Tradelinks. The suit qua Defendants No.1 and 2 was decreed on 28th January, 2015 and decree sheet has been drawn. Defendant No.3 was a distributor of Defendants No.1 and 2, on whom service could not be affected till date. The counsel for the Plaintiff, on instructions from the Plaintiff, submits that since Defendant No.3 is only a distributor of Defendants No.1 and 2, the Plaintiff does not press the suit against Defendant No.3.

The suit is dismissed as withdrawn qua Defendant No.3. Since the suit is already decreed qua Defendant Nos. 1 and 2, the suit stands disposed of. Pending I.As. stand disposed of.

PRATHIBA M. SINGH, J.

JANUARY 11, 2019/Rahul