Impresario Entertainment & Hospitality Pvt. Ltd. v. Social Junk

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 561/2017 & I.A. 9656/2017 IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT. LTD.

..... Plaintiff Through: Ms. Shikha Sachdeva, Advocate.

versus SOCIAL JUNK ..... Defendant Through: None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.12.2017 Today, learned counsel for plaintiff has handed over a copy of the dasti notice along with the original Process Server's report. The same are taken on record.

In the affidavit of service filed on 16th December, 2017, it is stated that the 'SOCIAL JUNK' signage at the Chandigarh address has been removed and a new signage of 'SCOOBYARD' has been placed which relates to some service being offered by the bank ICICI. It is further stated that the defendant at Panchkula, Haryana, address, is no longer using the trade mark 'SOCIAL JUNK' and has changed the outlet to 'BURGER JUNK'.

In view of the aforesaid service report, learned counsel for plaintiff wishes to withdraw the present suit with liberty to file a fresh suit in the

event a fresh cause of action arises.

Consequently, with the aforesaid liberty, present suit and all pending applications are dismissed as withdrawn.

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. MANMOHAN, J DECEMBER 22, 2017 js