High Court of DelhiCS(COMM)/636/2017

Exxon Mobil Corporation v. Mr. Lokesh Bansal & ANR

2018-01-30Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 636/2017 & I.As. 11136/2017 AND 76/2018 EXXON MOBIL CORPORATION ..... Plaintiff Through: Ms. Anuradha Salhotra, Advocate with Mr. Achal Shekhar, Advocate.

versus MR. LOKESH BANSAL & ANR ..... Defendants Through: Mr. Nishant Kr. Srivastava, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 30.01.2018 Present suit has been filed for permanent injunction, infringement of trade mark, passing off, delivery up of account of profits under the Trade Marks Act, 1999.

Mr. Nishant Kr. Srivastava, learned counsel enters appearance on behalf of the defendants. He states that he has yesterday filed his Vakalatnama vide Diary No.21992 and has instructions to settle the matter. He states that defendant No.2 has already passed a Resolution under Section 248(2) of the Companies Act for striking it off from the register of companies.

He further states that the defendants have no objection if the present suit is decreed in accordance with prayers (i) and (ii) of the plaint. He also states that defendants shall remove their names from the third party websites

and pay costs of Rs.1,00,000/- to the plaintiff within a period of four weeks. In view of the aforesaid statements, learned counsel for plaintiff does not wish to press for any other reliefs.

The statements made by the learned counsel for the defendants are accepted by this Court and defendants are held bound by the same. Accordingly, the present suit is decreed in accordance with the undertakings/statements given by the learned counsel for defendants and prayers (i) and (ii) of the plaint. Registry is directed to prepare a decree sheet accordingly.

Registry of this Court is also directed to issue to an authorised representative of the plaintiff a certificate authorizing it to receive back from the Collector full amount of the Court fee paid by it in the present suit. With the aforesaid observations, the present suit and pending applications stand disposed of.

MANMOHAN, J JANUARY 30, 2018 js