Sleek International Private Limited v. Santhosh Neelambath Proprietor

915-S326-16+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 326 OF 2016 WITH NOTICE OF MOTION NO. 1095 OF 2016 AND LEAVE PETITION NO. 24 OF 2016 Sleek International Private Limited ...Plaintiffs

Versus

Santosh Neelambath, Proprietor ...Defendants Mr. Vinod Bhagat, with Mr. Dhiren Karania, i/b G.S. Hegde & V.A. Bhagat, for the Plaintiffs.

Mr. Georgy Jacob, i/b G. Jacob & Associates, for the Defendants.

CORAM: G.S. PATEL, J DATED:

9th December 2016 PC:- 1.

Heard. The following order, by consent, will dispose of the Suit and the Notice of Motion.

2.

By consent, the Leave Petition is made absolute in terms of prayer clause (a).

9th December 2016

915-S326-16+.DOC 3.

On instructions, Mr. Jacob, the learned Advocate for the Defendant states that the Defendant is not using and will not use the mark SLEEK or any other similar mark in relation to kitchen appliances, household appliances or similar or allied goods. 4.

The Defendant agrees and undertakes to withdraw all applications made for registration of all marks containing the word or mark SLEEK. These applications must be made within a period of three weeks from today.

5.

The Defendant has some unsold inventory that it purchased on a principal-to-principal basis from the Plaintiffs. It is agreed that this unsold inventory may be sold by the Defendant in the market without having to render any accounts to the Plaintiffs in respect thereof. The Defendant will attempt to dispose of this inventory at the best possible price and in the shortest possible time. 6.

The Suit and the Notice of Motion stand disposed of in these terms. Refund of court fee in accordance with the Rules. 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 9th December 2016