Havells India Limited & ANR v. Hallers Electricals Private Limited

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 551/2017 & I.A.No.9535/2017 HAVELLS INDIA LIMITED & ANR ..... Plaintiffs Through Mr.Sudeep Chatterjee with Ms.Nupur Lamba, Advocates.

versus HALLERS ELECTRICALS PRIVATE LIMITED ..... Defendant Through Mr.Pankaj Malik, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.01.2018 Present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off, dilution, rendition of accounts, misrepresentation, fraud, damages and delivery up. Learned counsel for the defendant states that the defendant has not only changed its corporate name but also undertakes not to use the impugned mark, logo and device.

Learned counsel for the defendant further states that he has no objection if the present suit is decreed in accordance with paragraphs 76 (b) and (c) of the plaint.

In view of the aforesaid statements and undertakings given by learned counsel for the defendant, learned counsel for the plaintiffs does not wish to press prayers (a), (d), (e), (f) and (g) of the present plaint.

The statements, assurances and undertakings given by both the

counsel are accepted by this Court and the parties are held bound by the same.

Accordingly, the present suit is decreed in terms of the aforesaid statements, assurances and undertakings given by both the parties as well as paragraphs 76 (b) and (c) of the plaint. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to the plaintiffs a certificate authorizing them to receive back from the Collector the full amount of the Court fee paid by them in the present suit. MANMOHAN, J JANUARY 11, 2018 KA