Relaxo Rubber Limited & Anr. vs Selection Footwear & Anr. on 18 August, 1999
10. In so far as the issue of damages is concerned, learned counsel for the plaintiff has drawn my attention to para 15 of the affidavit of evidence where it is stated that the defendants have deliberately stayed away from the proceedings with the object of not producing their books of accounts, so that damages could not be assessed against them. The plaintiff does not have access to the books of accounts of the defendants but the fact that the defendants have sold the goods under the trademark 'DAVAT' is itself sufficient to establish that loss has been caused to the plaintiff. The defendants themselves states that they have been trading under the trademark 'DAVAT'. The plaintiff claims a token damages and compensation of Rs. 5 lakhs as it isot possible to determine the exact nature of damages. Learned counsel in this behalf has referred to the judgment of the learned Single Judge of this Court in Relaxo Rubber Limited and Anr. v. Selection Footwear and Anr. 1999 PTC (19) 578, dealing with suca situation. That was a case with a similar position where the defendant did not file the written statement after taking time for the same and a decree was being passed under Order 8 Rule 10 of the Code of Civil Procedure, 1908. Tentative damages were claimed at Rs. 5 lakhs and Rs. 3 lakhs were awarded as damages.