Hsil Limited v. Sanjivani Cable Industries And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 455/2017 & I.A.No.7635/2017 HSIL LIMITED ..... Plaintiff Through Mr.Manav Gupta with Ms.Esha Dutta, Mr.Sahil Garg and Mr.Anupam Pandey, Advocates.

versus SANJIVANI CABLE INDUSTRIES AND ORS ..... Defendants Through Ms.Amrit Kaur Oberoi, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.12.2017 On the last date of hearing, learned counsel for the defendants had stated that the defendants had withdrawn their trademark application pertaining to the mark HINDWARE.

Today learned counsel for the plaintiff states that he has verified the aforesaid statement and found that the same is true and correct.

Learned counsel for the defendants fairly states that she has no objection if the present suit is decreed in accordance with prayers (a) and (b) of the plaint. She further undertakes that the defendants shall not use the plaintiff‟s trademark HINDWARE and/or any other similar or deceptive mark for any of their products in future. The statements, assurances and undertakings given by learned counsel for the defendants are accepted by this Court and the defendants are held bound by the same.

Accordingly, the present suit is decreed in accordance with the statements/assurances/undertakings given by learned counsel for the defendants as well as the prayers (a) and (b) of the plaint. To balance the equities, the defendants are directed to pay the costs of Rs.1,00,000/- to the plaintiff within a period of eight weeks. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to the plaintiff a certificate authorizing it to receive back from the Collector the full amount of the Court fee paid by it in the present suit.

With the aforesaid observations, present suit and the pending application stand disposed of.

MANMOHAN, J DECEMBER 19, 2017 KA