Chasvinder Singh v. Shri Arihant Autopart & Traders & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 734/2017 CHASVINDER SINGH ..... Plaintiff Through Mr.Sanjeev Singh with Mr.D.K.Yadav, Advocates.

versus SHRI ARIHANT AUTOPART & TRADERS & ANR ..... Defendants Through Mr.Arpit Jain, Advocate with Mr.Sanjiv Jain, proprietor of defendants in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.03.2018 Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, dilution, rendition of accounts, damages, delivery up etc.

In pursuance to the ex parte injunction order dated 27th October, 2017 and the order dated 02nd February, 2018 passed by the learned Joint Registrar, Mr.Sanjiv Jain, proprietor of defendant nos.1 & 2 is personally present. He reiterates that the defendants have not used the mark/label SAP for the last three years and shall not use the mark/lable SAP and/or any other identical/similar marks in future. He also states that the defendants shall pay an all inclusive cost of Rs.75,000/- to the plaintiff. Mr.Sanjiv Jain, however, states that

keeping in view the poor financial condition of the defendants, the said amount shall be paid in equated monthly instalments of Rs.10,000/- to the plaintiff.

In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press for any further relief in the present suit.

The statements/undertakings given by Mr.Sanjiv Jain, proprietor of defendant nos.1 & 2 are accepted by this Court and the said defendants are held bound by the same. Consequently, the suit is decreed in terms thereof. Registry is directed to prepare a decree sheet accordingly.

Registry of this Court is also directed to issue to the plaintiff a certificate authorizing him to receive back from the Collector the full amount of the Court fee paid by him in the present suit. MANMOHAN, J MARCH 19, 2018 KA