Delhi High Court - Orders
Eicher Motors Limited vs Saurabh Katar And Others on 30 January, 2019
Author: Manmohan
Bench: Manmohan
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 957/2016 & CCP(O) 111/2015, I.A.15354/2018
EICHER MOTORS LIMITED ..... Plaintiff
Through Mr.R.Jawahar Lal with Mr.Siddharth
Bawa and Mr.Shyamal Anand,
Advocates.
versus
SAURABH KATAR AND OTHERS ..... Defendants
Through Mr.Rahul Mangla, Advocate for D-1
with D-1 in person.
Mr.Satvinder Singh and
Mr.Gagandeep Singh, Advocates for
D-2.
Mr.Nitin Sharma with Mr.Shobhit
K.Srivastava and Mr.Sumant Narang,
Advocates for D-3.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
ORDER
% 30.01.2019 Present suit has been filed for permanent and mandatory injunction restraining infringement of plaintiff's trademark, copyright, passing off and rendition of account.
It is the case of the plaintiff that the defendants are selling the counterfeit products of the plaintiff such as fuel tanks, seats, key chains etc. Learned counsel for defendant nos. 1 and 2 state that they have no objection if the present suit is decreed in accordance with prayer clause (a) of the plaint.
Learned counsel for defendant no.3 states that the e-commerce website www.ebay.in has been closed and there is no proposal to restart the same or another website in near future.
In view of the aforesaid statements, learned counsel for plaintiff states that he has no objection if the present suit is decreed against defendant nos.1 and 2 and plaintiff is given liberty to seek revival of the present suit proceedings in the event, the defendant no.3 restarts www.ebay.in or opens a new website.
Keeping in view the aforesaid statements/undertakings, the present suit, with consent of parties, is decreed qua defendant nos.1 and 2 in accordance with prayer (a) of the plaint. In the event, defendant no.3 restarts the e-commerce website www.ebay.in or opens a new website, the plaintiff shall be at liberty to seek revival of the present suit proceedings. Registry is directed to prepare a decree sheet accordingly.
With the aforesaid directions and liberty, the present suit and pending applications stand disposed of.
MANMOHAN, J JANUARY 30, 2019 KA