M/S Sabyasachi Couture v. Mr Anil Kumar Batra & ORS

#25 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1543/2016 & I.A. 14517/2016, I.A. 3032-3033/2017, I.A. 3035-3036/2017, I.A. 3038-3039/2017, I.A. 3041-3042/2017, I.A. 3351/2017, I.A. 3482-3485/2017 M/S SABYASACHI COUTURE ..... Plaintiff Through Mr. Pravin Anand with Mr. Shrawan Chopra and Ms. Geetanjali Visvanathan and Ms. Asavari Jain, Advocates versus MR ANIL KUMAR BATRA & ORS ..... Defendants Through Mr. Manik Dogra with Mr. Rohan Jaitley, Mr. Saakaar Sardana and Mr. S. Jain, Adocates for D-1, 2, 3, 7 & 8.

Mr. Sanjay Mishra with Mr. Nitesh Singla, Advocates for D-4 and 5.

Mr. Kapil Rustagi, Advocate for D-6.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 23.04.2018 Today, learned counsel for the defendants state that they have no intention to apply or cause to be applied, sell and/or offer for sale the plaintiff‟s Design Nos. 269660 and 269661 and undertake not to do so. Learned counsel for the defendants further state that the defendants have no intention to use the mark „SABYASACHI‟ in the course of trade for

manufacturing, selling and/or offering for sale any product and undertake not to do so.

The defendants also undertake that they would do not possess any copies of the plaintiff‟s aforementioned designs. In view of the aforesaid statements, learned counsel for the plaintiff forgoes all other reliefs, including the relief for delivery up, damages and cost etc.

The aforesaid statements and undertakings are accepted by this Court and parties as well as their legal heirs and assigns, as applicable, are held bound by the same.

Consequently, present suit is decreed in terms of the aforesaid statements and undertakings. 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 full amount of the Court fee paid by it in the present suit. With the aforesaid observations, present suit and all pending applications stand disposed of.

MANMOHAN, J APRIL 23, 2018 rn