Delhi High Court - Orders
Samsung Electronics Co Ltd & Anr vs Lakhan A on 14 February, 2019
Author: Manmohan
Bench: Manmohan
4
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 255/2018
SAMSUNG ELECTRONICS CO LTD & ANR ..... Plaintiffs
Through: Mr. Shobhit Agarwal, Advocate with
Mr. Ayush Sahay, Advocate.
versus
LAKHAN A ..... Defendant
Through: Mr. Rahul Vidhani, Advocate for
defendants No.1 to 7, 12 to 20 and
22 to 28.
Mr. Sajad Sultan and Mr. Surinder Kaul,
Advocates for defendants No.9 , 10
and 11.
Mr. Krishna Dev Pandey, Advocate with
Mr. Kapil Jain, Advocate for defendants
No.29 to 33.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 14.02.2019 Present suit has been filed for permanent injunction, infringement of trade marks and copyrights, passing off, unfair competition, dilution, rendition of accounts, delivery up and recovery of damages etc. Learned counsel for defendants No.1 to 7, 12 to 20, 22 to 28, 9 to 11 and 29 to 33 state that they have no objection if the present suit is decreed in accordance with prayers A(i), (ii), (iii) and (iv) of the plaint. They further state that the goods handed over to them on Superdari shall be handed over to an authorised representative of the plaintiffs for destruction purpose.
Learned counsel for plaintiffs states that in view of the aforesaid statements/undertakings, he does not wish to press the present suit against the aforesaid defendants for any other or further relief.
The statements/undertakings given by learned counsel for defendants No. 1 to 7, 12 to 20, 22 to 28, 9 to 11 and 29 to 33 are accepted by this Court and the said defendants are held bound by the same.
Consequently, the present suit is decreed against the defendants No. 1 to 7, 12 to 20, 22 to 28, 9 to 11 and 29 to 33 in accordance with prayers A(i),
(ii), (iii) and (iv) of the plaint.
Registry is directed to prepare a decree sheet accordingly. Since none is present for defendants No.8 and 21, they are proceeded ex parte.
The plaintiffs are directed to file an application under Order 1 Rule 10 CPC with regard to the John Doe defendants within one week.
List the matter on 28th February, 2019.
MANMOHAN, J FEBRUARY 14, 2019 js