Sandisk Llc v. Jain Mobile Accessories

#24 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1447/2016 & I.A. 13261/2016 SANDISK LLC ..... Plaintiff Through Ms. Shwetasree Majumder with Mr. Prithvi Singh, Advocates versus JAIN MOBILE ACCESSORIES ..... Defendant Through Mr. Sahil Munjal with Ms. Rhea Gandhi Munjal, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 06.12.2017 Present suit has been filed for permanent injunction restraining infringement of the trademark, copyright, passing off, rendition of account of profits, delivery up and damages.

Though in the written statement it has been averred that the defendant has never dealt in any manner with any of the deceptively similar or counterfeit product of the plaintiff, yet today learned counsel for the defendant states that the defendant has no objection if the present suit is decreed in accordance with paragraph 23(a), (b) and (c) of the plaint, provided the plaintiff gives up reliefs for rendition of accounts, delivery up and costs.

In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press the reliefs for rendition of accounts, delivery up, damages and costs.

The statements/undertakings made by learned counsel for the parties are accepted by this Court and the parties are held bound by the same. The present suit is decreed in accordance with paragraph 23(a), (b) and (c) of the plaint. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector half amount of the court fee paid by the plaintiff in the present suit. With the aforesaid directions, present suit and pending application stand disposed of.

MANMOHAN, J DECEMBER 06, 2017 rn