Calcutta High Court
Eveready Industries India Limited vs Geep Batteries (India) Limited on 27 November, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA 3360 of 2011
WITH
CS 274 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EVEREADY INDUSTRIES INDIA LIMITED
Versus
GEEP BATTERIES (INDIA) LIMITED
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 27th November, 2017.
Appearance:
Mr. Debnath Ghosh, Adv.
Mr. Soumya Raj Chowdhury, Adv.
Mr. Gautam Banerjee, Adv.
....for the plaintiff The Court : In view of the affidavit of undertaking filed on behalf of the defendant dated 16th December, 2011 in which they have categorically stated that they would not use the getup and registered design of the plaintiff, this application stands disposed of by confirming the interim order passed on 24th November, 2011.
The learned Counsel appearing on behalf of the plaintiff submits that in view of the affidavit of undertaking, the decree may be passed in terms of prayer
(a), (b) and (c).2
Under such circumstances, this suit is also decreed on the basis of the affidavit of undertaking.
There shall be a decree in terms of prayer (a), (b) and (c) of the plaint. The department shall draw up the decree as expeditiously as possible. CS 274 of 2011 is decreed.
GA 3360 of 2011 stands disposed of.
(SOUMEN SEN, J.) R.Bhar