Delhi High Court - Orders
Shree Sant Kripa Intellectual And Ors vs Evolve Brands Pvt. Ltd on 1 February, 2019
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw
$~4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 31/2019 & IA No.948/2019 (u/O XXXIX R-1&2 CPC). SHREE SANT KRIPA INTELLECTUAL AND ORS. ..... Plaintiffs Through: Mr. Shailen Bhatia, Ms. Ekta Nayar Saini, Ms. Vidushi Chandra and Mr. Amit Jain, Advs. versus EVOLVE BRANDS PVT. LTD. ..... Defendant Through: Mr. Ajay Choudhary, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER
% 01.02.2019
1. This order is in continuation of the earlier order dated 22 nd January, 2019.
2. The counsel for the sole defendant appears.
3. The counsel for the plaintiffs states that commissions issued and executed have yielded a large stock of counterfeit goods bearing the mark of the plaintiffs in the premises of the defendant.
4. The counsel for the defendant states that the defendant is engaged only in the business of purchasing and supplying goods under marketing schemes and is not the manufacturer of the goods which according to the plaintiffs are counterfeit and has no objection to suffer a decree for permanent injunction as is claimed by the plaintiffs. He however states that since the defendant itself had bought the goods claimed to be counterfeit, from others, the defendant should not be made liable for the ancillary reliefs claimed in the plaint.
5. The counsel for the plaintiffs states that the defendant should disclose CS(COMM) 31/2019 page 1 of 3 to the plaintiffs the manufacturers/suppliers of the counterfeit goods.
6. The counsel for the defendant states that defendant will not only furnish the said particulars but also supply to the plaintiffs invoices raised by those manufacturers/suppliers on the defendant.
7. The counsel for the plaintiffs states that the goods seized by the commissioners should also be ordered to be destroyed.
8. On enquiry, it is stated by the counsel for the plaintiffs that not only the packaging of the goods bears the marks of the plaintiffs, but also the goods themselves.
9. The counsel for the defendant states he is not very sure whether the goods bear the marks or not.
10. The counsel for the plaintiffs in the circumstances does not press for other ancillary reliefs against the defendant except costs.
11. The defendant having indulged in counterfeit goods bearing the mark of the plaintiffs, even if unknowingly, and having not made enquiry which the defendant as a prudent buyer ought to have made, the defendant would indeed be liable for costs of the suit which in any case are in the discretion of the Court and there is no need to keep this suit pending for the said purpose alone.
12. The costs are assessed at Rs.1,10,000/- towards court fees, Rs.2,00,000/- towards fees of the commission and Rs.60,000/- towards professional fee.
13. A decree is accordingly passed, in favour of the plaintiffs and against the defendant, (i) of permanent injunction in terms of prayer paragraph 46
(a) to (f) of the plaint dated 13th December, 2018; (ii) of mandatory CS(COMM) 31/2019 page 2 of 3 injunction directing the defendant to, within one week of today, furnish in writing to the plaintiffs through counsel, the particulars of the persons from whom the defendant has purchased the subject goods along with documents in support thereof; (iii) of delivery of counterfeit goods seized, by directing the representative of the plaintiffs to visit the premises of the defendant; the goods sealed by the commissioners will be de-sealed in the presence of the representative of the plaintiffs and all the goods bearing the mark of the plaintiffs along with packaging bearing the said mark shall be delivered by the defendant to the plaintiffs for destruction; however the goods which by themselves do not bear the mark of the plaintiffs shall be retained by the defendant, but will be subject to permanent injunction aforesaid; and, (iv) of recovery of costs in the sum of Rs.3,70,000/-.
Decree sheet be drawn up.
RAJIV SAHAI ENDLAW, J FEBRUARY 01, 2019 'pp'..
CS(COMM) 31/2019 page 3 of 3