Godfrey Phillips India Ltd v. M/S Pelican Tobacco Company Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1228/2016 GODFREY PHILLIPS INDIA LTD ..... Plaintiff Through: Ms. Anuradha Salhotra, Advocate with Mr. Sumit Wadha and Ms. Achal Shekhar Sharma, Advocates.

versus M/S PELICAN TOBACCO COMPANY LTD ..... Defendant Through: Mr. Satyendra Kumar, Advocate for Mr. R.K. Sanghi, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 27.04.2018 Present suit has been filed for permanent injunction, infringement of trade mark, passing off, rendition of accounts and infringement of copyright. Learned counsel for defendant states that the defendant has changed his trade dress and has no objection if the present suit is decreed in accordance with paragraph 30 „a‟ of the plaint. He further assures this Court that the infringing goods seized by the Local Commissioner shall be destroyed in the presence of an authorised representative of the plaintiff within a period of two weeks.

In view of the aforesaid statement, learned counsel for plaintiff does not wish to press for any other or further relief.

The statements, assurances and undertakings given by the learned counsel for defendant are accepted by this Court and defendant is held bound by the same.

Accordingly, present suit is decreed in terms thereof as well as paragraph 30 „a‟ of the plaint. Registry is directed to prepare a decree sheet accordingly.

MANMOHAN, J APRIL 27, 2018 js