Gmr Energy Limited v. Doosan Power Systems India Private Limited & ORS

#F-27 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 293/2017 KENT RO SYSTEMS PVT. LTD. & ANR. ..... Plaintiffs Through Ms. Rajeshwari H. with Mr. Kumar Hitranshu, Advocates versus S.K. SINGH ..... Defendant Through Mr. Himanshu Dhuper, Advocate.

Defendant in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.10.2017 Present suit has been filed for permanent injunction restraining infringement of design, rendition of accounts, delivery up and other related relies.

On 24th April, 2017, learned Predecessor of this Court was pleased to grant injunction order against the defendant. On 1st September, 2017, the defendant was proceeded ex-parte.

Today, Mr. Himanshu Dhuper, Advocate enters appearance on behalf of the defendant. He has handed over a Vakaltnama in his favour, which is taken on record.

Learned counsel for the defendant prays that the order dated 1st September, 2017 by which the defendant was proceeded ex-parte be recalled.

Learned counsel for the plaintiff has no objection to the same. Consequently, the order dated 1st September, 2017 by which the defendant was proceeded ex-parte is recalled. At this stage, learned counsel for the defendant, on instruction of the defendant who is personally present in Court, states that the defendant has no objection if the relief for permanent injunction as prayed in paragraph 42(a) and (b) of the plaint is granted. He further states that the defendant is willing to pay cost of Rs.25,000/-.

In view of aforesaid statements/assurances and undertakings given by learned counsel for the defendant, learned counsel for the plaintiff gives up the other reliefs as prayed for. She also states plaintiffs have no objection if the cost of Rs.25,000/- is donated for a charitable purpose. Consequently, with consent of parties, present suit is decreed in accordance with paragraph 42(a) and (b) of the plaint. Registry is directed to prepare a decree sheet accordingly.

The defendant is directed to deposit cost of Rs. 25,000/- with the Lok Nayak Hospital, New Delhi within two weeks. Receipt of the payment shall be filed within a further period of two weeks. With the aforesaid directions, present suit stands disposed of. MANMOHAN, J OCTOBER 31, 2017 rn