High Court of DelhiCS(COMM)/572/2017

The Punjab State Cooperative Milk Producers Federation Ltd. v. Harish Chhabra

2018-01-29Hon'Ble Mr. Justice Manmohan2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 572/2017 & I.A.No.9891/2017 THE PUNJAB STATE COOPERATIVE MILK PRODUCERS FEDERATION LTD.

..... Plaintiff Through Mr.Sanjeev Singh, Advocate with Mr.R.P.Singh, AR of the plaintiff.

versus HARISH CHHABRA ..... Defendant Through Mr.Sunil Kumar Ojha, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.01.2018 Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, damages and rendition of accounts etc.

On 11th January, 2018, the counsel for the defendant had entered appearance and had stated that the defendant was no longer using the impugned mark 'VERKA'. He had pointed out that the defendant had already applied for cancellation of registration of the impugned mark in its favour.

Learned counsel for the defendant states that the defendant has no objection if the present suit is decreed in accordance with paragraph 42(A) of the plaint.

Today learned counsel for the plaintiff, on instructions of Mr.R.P.Singh, Manager, Sales & Export Division of plaintiff company, states that the plaintiff has no objection to the disposal of

the present suit in the aforesaid terms provided some costs are paid to the plaintiff by the defendant.

Learned counsel for the defendant states that the defendant is willing to pay Rs.50,000/- as costs to the plaintiff within a period of four weeks.

In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press the present suit any further. The statements made by both the counsel are accepted by this Court and the parties are held bound by the same. Consequently, the present suit and the pending application stand disposed of. 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.

MANMOHAN, J JANUARY 29, 2018 KA