M/S. Darshan Foods v. Satpal

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 781/2017 & I.A. 13285/2017 M/S. DARSHAN FOODS ..... Plaintiff Through: Mr. Sanjeev Singh, Advocate.

versus SATPAL ..... Defendant Through: Mr. Prashant Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.02.2018 Present suit has been filed for permanent injunction restraining infringement, passing off, damages and rendition of accounts etc. On 19th January, 2018, learned counsel for defendant had stated that the defendant has stopped using the impugned trade mark. Consequently, the Joint Registrar listed the matter before this Court. Today, learned counsel for defendant states that defendant has no objection if the present suit is decreed in accordance with paragraph 38(A) of the plaint.

Learned counsel for plaintiff states that if the defendant pays token damages of Rs.25,000/-, the plaintiff would not press for any further relief. Learned counsel for defendant has no objection to the said payment. The statements made by both the learned counsel are accepted by this Court and parties are held bound by the same.

Consequently, the present suit is decreed in accordance with paragraph 38(A) of the plaint against the defendant. The defendant is also directed to pay a sum of Rs.25,000/- to the plaintiff within a period of two weeks.

Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representative of 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. With the aforesaid observations, the suit and all pending applications stand disposed of.

MANMOHAN, J FEBRUARY 16, 2018 js