In a similar matter where the Defendant
chose to stay away from the court proceeding and not
participate or raise any defence, the Court in CS(OS)
3295/2014 titled M/s Inter Ikea Systems BV Anr. v.
Imtiaz Ahamed & Anr. vide judgment dated 9th
September, 2016 observed as under:
In Inter Ikea
Systems BV & Ors. v. Imtiaz Ahamed and Ors., MANU/DE/3680/2016, it is
clearly laid down by this Court that a party who chooses not to participate in
the court proceedings cannot enjoy an advantage and a premium for such
conduct. In the opinion of this Court, the Defendant has deliberately chosen
to stay away from the proceedings merely to ensure that it is not required to
produce its accounts. The Plaintiff is entitled to be monetarily compensated
for the infringement committed by the Defendant. Passing of a decree of
rendition of accounts at this stage also clearly appears to be non-feasible as
the Defendant would again avoid the court proceedings. Accordingly, this
Court is of the opinion that on an assessment of the evidence on record,
monetary compensation deserves to be awarded.
In Inter Ikea Systems BV v. Imtiaz Ahamed, 2016 SCC
OnLine Del 6717, it is clearly laid down by this Court that a party who
chooses not to participate in the court proceedings cannot enjoy an
advantage and a premium for such conduct. In the opinion of this Court,
the Defendant has deliberately chosen to stay away from the proceedings
merely to ensure that it is not required to produce its accounts. The
Plaintiff is entitled to be monetarily compensated for the infringement
committed by the Defendant. Passing of a decree of rendition of accounts
at this stage also clearly appears to be non-feasible as the Defendant
would again avoid the court proceedings. Accordingly, this Court is of the
opinion that on an assessment of the evidence on record, monetary
compensation deserves to be awarded.