Claridges Hotel Private Limited v. M/S Rajdeep & Co. Infrastructures Pvt. Ltd.
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 311/2017 & IA.No.5291/2017 (u/O XXXIX Rules 1&2 CPC) CLARIDGES HOTEL PRIVATE LIMITED ..... Plaintiff Through: Mr. Muneesh Malhotra and Ms. Sonali Rastogi, Advs.
Versus
M/S RAJDEEP & CO. INFRASTRUCTURES PVT.
LTD.
..... Defendant Through: Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 11.05.2017 1.
This order is in continuation of the earlier order dated 2nd May, 2017.
2.
The counsel for the defendant has fairly, under instruction of Mr. Anil Choudhary of the defendant, stated that subject to time of 90 days being given to the defendant to effect the change, the defendant has no objection to a decree for permanent injunction in terms of prayer paragraphs (a) and (b) of the plaint being passed. 3.
The counsel for the defendant however clarifies that the defendant has used the name 'CLARIDGES' in the documents already executed with respect to the project and in its dealings with others relating to the said project and states that it be clarified that the defendant, in pursuance to the decree to be passed,
will not be required to effect the change in all those records which have been executed prior to today and which may be under process at this moment and to effect the change wherein may not be convenient. 4.
It is clarified accordingly.
5.
It is further clarified that the defendant, within the said 90 days shall be entitled to include in its advertisements the new name of the subject project including by informing its earlier name as 'CLARIDGES', to enable all its patrons to know of the impending change.
6.
Accordingly, a decree for permanent injunction is passed in favour of the plaintiff and against the defendant in terms of prayer paragraphs (a) and (b) of the plaint and to come into operation w.e.f. 1st September, 2017 and subject to the clarifications aforesaid, leaving the parties to bear their own costs.
7.
This order to form part of the decree sheet.
8.
Decree sheet be prepared.
RAJIV SAHAI ENDLAW, J.
MAY 11, 2017 M..