Glamanand Entertainment Private Limited v. Missteenindia Co In Private Limited

Application No.2064 of 2019 in Civil Suit No.379 of 2016 S.VAIDYANATHAN,J.

This Application is filed seeking to recall the common order dated 14.02.2019 passed in A.Nos.9677 and 9678 of 2018 in O.A.Nos.514 and 515 of 2016 in C.S.No.379 of 2016.

2.

Today, Mr.G.Kalyan Jhabakh, learned counsel for the Applicant/Defendant submitted that the Defendant has removed the trademark 'MissTeenIndia', which was found in their website, Facebook as well as in Youtube and he assured that if the said trademark still exists, the same will be removed forthwith within a period of 48 hours. He further submitted that the website viz. Crunchbase does not belong to the Applicant/Defendant and that 'MissTeenIndia' has been hosted by the said Crunchbase and the Applicant/Defendant has no control over the same. However, he submitted that the Applicant/Defendant will write a letter to the website 'Crunchbase', enclosing a copy of the order of this Court that if they continue to use the trademark 'MissTeenIndia', appropriate legal action would be taken against them and that the liability of disobeying the orders of this Court would be foisted on them.

3.

Recording the submissions made the learned counsel for the Applicant/Defendant and in view of the fact that the Passport of the Applicant viz. Nikhil Anand has been surrendered at Malviya Nagar Police Station, New

Delhi, the common order dated 14.02.2019 passed in A.Nos.9677 and 9678 of 2018 in O.A.Nos.514 and 515 of 2016 in C.S.No.379 of 2016, is recalled. Also, the condition imposed by this Court on 15.03.2019 that the Applicant shall not leave the jurisdiction of New Delhi, except travelling to Chennai between 26th and 28th March 2019, is recalled. The presence of the Applicant before this Court is dispensed with.

4.

It is needless to mention that as and when the Applicant viz. Nikhil Anand wants to travel abroad, he shall collect his Passport from the Police Station, by furnishing his Cell Phone Number, Email ID and the details of his travel, i.e. place of stay, contact details of the person with whom he is going to stay, etc. On returning from abroad, the Passport shall be submitted to the Police within five working days from the date of arrival. The Applicant can also take the Passport for renewal and once, it is renewed, it shall be handed over to the concerned Police Station. The said arrangements shall continue till the disposal of the Suit.

With the above observation, this Application is closed. 27.03.2019 (aeb)

S.VAIDYANATHAN,J.

(aeb) Application No.2064 of 2019 in Civil Suit No.379 of 2016 27.03.2019