Bigtree Entertainment Pvt Ltd v. Brain Seed Spotaiment Pvt Ltd & ANR

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) (COMM) 218/2017 BIGTREE ENTERTAINMENT PVT LTD ..... Appellant Through :

Mr Sandeep Sethi, Senior Advocate with Ms Swathi Sukumar and Ms Surya Rajappan, Advocates.

versus BRAIN SEED SPOTAIMENT PVT LTD & ANR ..... Respondents Through :

Mr M.K.Miglani, Mr N.L.Thukral, Mr Aayushman Gupta and Mr Galav Sharma, Advocates for Book My Show/R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 15.12.2017 CM No.45793 /2017(exemption) Allowed, subject to all just exceptions.

FAO(OS) (COMM) 218/2017 & CM No.45792/2017(stay) After some hearing, learned senior counsel for the Appellant sought liberty to withdraw the Appeal.

However, he requested the Court to state that the impugned order should not be treated as conclusive and prejudice rights and contentions of the parties in the trial of the suit on its merit or any other proceedings before the Statutory Authority such as Registrar of Trade Mark. FAO(OS)(COMM)218/2017

In these circumstances, the present order as well as the Single Judge's impugned order shall not be treated as conclusive in any proceedings including the Suit and all rights and contentions of the parties are reserved.

The Appeal stands dismissed as withdrawn in the above terms. S. RAVINDRA BHAT, J SANJEEV SACHDEVA, J DECEMBER 15, 2017 'Sn'

FAO(OS)(COMM)218/2017