Impresario Entertainment & Hospitality Pvt. Ltd. v. Cafe Social & ANR.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1141/2018 & I.A.Nos.13155/2018, 15148/2018 IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT. LTD. ..... Plaintiff Through Ms.Shikha Sachdeva with Mr.Manish Dhir and Ms.Mugdha Palsule, Advocates.

versus CAFE SOCIAL & ANR.

..... Defendants Through Mr.Rohan Rohatgi with Ms.Naina Sethi, Advocates for D-1.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 12.11.2018 Present suit has been filed for permanent and mandatory injunction for infringement of registered trademark. This Court on 26th September, 2018 had recorded the undertaking of the counsel for the defendants that no further outlet shall be opened by the defendants containing the mark 'SOCIAL'. Today learned counsel for the defendants, on instructions of Mr.Sandeep Kumar Garg, the proprietor of defendant no.1-CAFE SOCIAL, who is personally present in Court, states that he has no objection if the present suit is decreed in accordance with prayers A(i), (ii) as well as B(iv) and (viii) of the plaint. He, however, prayers that the defendant no.1 be given four week's time to change its name/mark. He further states that the defendants shall pay costs of

Rs.50,000/-.

In view of the aforesaid undertakings, learned counsel for the plaintiff states that she does not wish to press the present suit for any other or further relief.

The statements made by learned counsel for the plaintiff and the defendants are accepted by this Court and the parties are held bound by the same. It is clarified that the defendant no.1 shall be at liberty to use the mark 'CAFE SOCIAL' for a period of four weeks. Let the costs of Rs.50,000/- be paid by the defendants to the Lok Nayak Hospital, New Delhi within four weeks and a receipt of the same be filed within one week thereafter.

Registry is 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. Accordingly, the present suit and the applications stand disposed of. Registry is also directed to prepare a decree sheet accordingly.

MANMOHAN, J NOVEMBER 12, 2018 KA