Exxon Mobil Corporation & ANR v. Mr Gagandeep Singh Bagga & ORS
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1030/2016, IA No.9336/2016 (u/O 39 R-1&2 CPC) & IA No.9337/2016 (u/O 11 R-1(4) CPC).
EXXON MOBIL CORPORATION & ANR ..... Plaintiffs Through:
Ms. Anuradha Salhotra, Mr. Sumit Wadhwa and Ms. Vrinda Sharma, Advs.
versus MR GAGANDEEP SINGH BAGGA & ORS ..... Defendants Through:
Mr. Ashok Gurnani, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 10.08.2016 1.
This order is in continuation of the previous order dated 4th August, 2016.
2.
The counsel for all the three defendants namely Shri Gagandeep Singh Bagga, Shri Hardip Singh Bagga and M/s. Xxon Legal Solutions (India) Pvt. Ltd. appears and without prejudice to the rights and contentions of the said defendants has fairly stated that the defendants are willing to suffer a decree in terms of prayer paragraphs (a) and (c) of the plaint subject to the plaintiffs giving up other reliefs claimed in the plaint and further subject to the defendants being given three months time to effect the change in the name of the defendant no.3 and in the domain name. 3.
The counsel for the plaintiffs is agreeable thereto. 4.
Accordingly, the suit is decreed in favour of the plaintiffs and against the defendants in terms of prayer paragraphs (a) and (c) of the plaint. 5.
Time however till 15th November, 2016 is given to the defendants to CS(COMM) 1030/2016
effect the changes in terms of the decree aforesaid and during which time the defendants would be entitled to use the trade name as of the defendant no.3 and the domain name www.xxonlegal.com and logo as was being used till now and/or along with the proposed name/domain name of the defendants, to familiarise the clients and others dealing with the defendants with the impending change.
6.
The Registrar of Companies with which the defendant no.3 Xxon Legal Solutions (India) Pvt. Ltd. is registered and the Registrar of domain names with whom the impugned domain name www.xxonlegal.com of the defendants is registered are also directed to, within the said three months, effect the said change subject of course to the defendants complying with all the requirements/formalities thereof. The defendants to commence the process for effecting such change latest by 25th August, 2016. 7.
The counsel for the defendants is also requested to inform the counsel for the plaintiffs of the compliance of these directions. 8.
The parties are left to bear their own cost.
Decree sheet be prepared.
RAJIV SAHAI ENDLAW, J AUGUST 10, 2016 'pp'..
CS(COMM) 1030/2016