Kalpataru Properties Private Limited v. Vinayak Infrastructure

920-COMSL142-17+.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM SUIT (L) NO. 142 OF 2017 WITH NOTICE OF MOTION (L) NO. 145 OF 2017 AND LEAVE PETITION NO. 117 OF 2017 Kalpataru Properties Pvt Ltd ...Plaintiffs

Versus

Vinayak Infrastructure ...Defendant Dr Veerendra Tulzapurkar, Senior Advocate, with Smriti Yadav, Vivek A, & Aditi Chavan, i/b Khaitan & Co, for the Plaintiffs. Mr Vikhil Dhoka, with Shefali Kothari, i/b Solicis Lex, for the Defendant.

CORAM: G.S. PATEL, J DATED:

30th March 2017 PC:- 1.

The Leave Petition under Clause XIV is made absolute. 2.

On behalf of the Defendant a statement is made that they have already deleted all use on the internet of the offending name or mark Kalpataru Hills. The Defendant do not have registration of a 30th March 2017

920-COMSL142-17+.DOC domain name with the mark Kalpataru in it. The mark was being used as a sub-domain. That has been discontinued and this is confirmed in the Affidavit in Reply dated 29th March 2017. Mr Dhoka also confirms that the email addresses of the Defendant do not use the mark either and these have also been changed. This statement is noted and accepted as an undertaking to the Court. 3.

Mr Dhoka also makes a statement that all brochures and materials have been destroyed and which may have contained the offending mark Kalpataru or Kalpataru Hills. This statement is also noted and accepted as an undertaking to the court. 4.

The Suit is decreed in terms of prayer clauses (a), (b) and (d). The prayer for damages is not pressed.

5.

The Notice of Motion does not survive and is disposed of as infructuous.

6.

The suit is disposed of in these terms. Refund of court fee, if any, in accordance with the Rules.

7.

Drawn up decree dispensed with.

8.

All concerned to act on an authenticated copy of this order. 9.

Affidavit to be filed in the Registry.

(G. S. PATEL, J.) 30th March 2017