Deere & Co. & ANR. v. Mr Tarun Jain & ORS.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 667/2017 & I.A. 11482/2017 DEERE & CO. & ANR.

..... Plaintiffs Through Ms. Vaishali Mittal, Mr. Siddhant Chamola, Advs versus MR TARUN JAIN & ORS.

..... Defendants Through Mr. Vishal Patel, Adv

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.04.2018 The present suit has been filed for Declaration of Permanent Injunction, Infringement and Dilution of Trade Marks Passing Off of Trade Dress, Unfair Competition, Rendition of Accounts, Delivery Up, Damages etc. Learned counsel for the defendants states that he has no objection if the present suit is decreed in accordance with the paragraph 74 (i), (a), (b), (c) and (d).

He further states that the defendants shall destroy the seized goods in the presence of an authorized representative of the plaintiffs within a period of two weeks. He also states that the defendants are willing to pay costs of Rs.50,000/-.

In view of the aforesaid statement, learned counsel for the plaintiffs does not wish to press for any other relief. She states that the defendants should pay the costs of Rs. 50,000/- to a charity.

The statement made by the learned counsel for the parties is accepted by this Court and the parties are held bound by the same. Accordingly, the suit is decreed in terms of the statements made by the learned counsel for the parties as well as paragraph 74(i), (a), (b), (c) and (d) of the plaint. Registry is directed to prepare a decree sheet accordingly. The cost of Rs. 50,000/- shall be paid to Friendicoes, Veterinary Clinic, New Delhi within a period of eight weeks. The defendants are directed to destroy the seized goods in the presence of an authorised representative of the plaintiffs on 04th May, 2018 at 4:00 p.m Registry is also directed to issue to the plaintiffs a certificate authorizing them to receive back from the Collector full amount of the Court fee paid by them in the present suit.

MANMOHAN, J APRIL 25, 2018 nk