India Capital Management Limited And ANR v. India Capital Finance And Investment Advisory Private Limited And 5 ORS

927-CPCDL1-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CONTEMPT PETITION (L) NO. 1 OF 2017 IN COMMERCIAL SUIT NO. 235 OF 2016 India Capital Management Ltd & Anr

...Petitioners

Versus

India Capital Finance & Investment Advisory Pvt Ltd & Ors

...Respondents

Ms Smriti Yadav, i/b Khaitan & Co, for the Petitioners. Mr Alankar Kirpekar, i/b MAG Legal, for Respondents Nos. 1 to 5. Mr Vinay J Bhanushali, for the Respondent No. 6. CORAM: G.S. PATEL, J DATED:

20th April 2017 PC:- 1.

Mr Kirpekar makes a statement in terms of prayer clause (g) which reads as follow:

"(g) The Respondents themselves, their partners, owners, servants, agents, representatives and person claiming through or under them be directed to forthwith disclose the list of their domain names, company names and trade marks bearing or which include the 1st Petitioner'

s said Trade mark any mark similar to the said Trade Mark and cease/desist from using them and also 20th April 2017

927-CPCDL1-17.DOC take steps to transfer, change and withdraw all such infringing domain names, company names and trade marks within such time as the Hon'

ble Court may deed fit."

2.

It is clarified that the transfer of the domain name by Defendant No. 6 has been done pursuance to my previous order dated 4th April 2017 but not in execution of a decree. The statement in terms of prayer clause (g) is for Defendants Nos. 1 to 5 and 6 as well.

3.

The Contempt Petition is disposed of in these terms. There will be no order as to costs.

(G. S. PATEL, J.) 20th April 2017