Sumeet Malhotra v. Shiv Rattan Khanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.511 of 2017 and O.A.Nos.656 and 657 of 2017 Sumeet Malhotra .. Plaintiff Vs.

Shiv Rattan Khanna .. Defendant This Civil Suit is preferred, under Order VII Rule 1 of CPC read with Order IV Rule 1 of the Original Side Rules read with Sections 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999 seeking judgment and decree by granting (a) permanent injunction restraining the defendant, his men, agents, servants, assigns, successor-in-business, legal representatives or anyone claiming through or under it from in any manner infringing the trademark ABBA LIGHTING SOLUTIONS jointly registered in the names of both plaintiff and defendant in their capacity as partners of the firm M/s.

by both plaintiff and defendant in their capacity as partners of the firm M/s.Abba Lighting Solutions, in any manner whatsoever and also (c) the defendant be ordered and decreed to deliver up for destruction, all the products, documents, dies, blocks, labels, packaging either filled or empty, brochers, leaflets, pamphlets, hand bills, hoardings, wall posters, calendars, carry bags, stationery items and such other sales promotional materials bearing and/or containing the impugned trademark ABBAA and (d) a preliminary decree be passed in favour of the plaintiff directing the defendant to render accounts of profit made by use of trade mark ABBAA and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts and (e) for costs of the suit.

For Plaintiff : Mr.Rajesh Ramanathan For Defendant : Mr.K.Harishankar - - - - -

JUDGMENT

Mr.Rajesh Ramanathan, learned counsel on record for plaintiff is before this court. It is submitted by the learned counsel that he has written instructions from his client to withdraw the suit. A memo to this effect dated 8.1.2018 together with an electronic mail from his client in this regard have been placed before me. In fact, the electronic mail has been filed as an annexure to the memo. The memo is taken on record and shall form part of the decree. Learned counsel has also made an endorsement in the suit file which reads as follows :

"The above suit may be dismissed as withdrawn

pursuant to the memo filed on 08/01/18."

In the light of the aforesaid submission and endorsement, this civil suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed.

08.01.2018 Index : Yes/No vvk

M.SUNDAR, J.

vvk C.S.No.511 of 2017 08.01.2018