Delhi Public School Society v. Delhi Public School Dewas & Ors

O R D E R %

03.11.2017

Present suit has been filed under Sections 28 and 29 read with Sections 134 and 135 of the Trade Marks Act, 1999 and Sections 51 and 55 read with Section 62 of the Copyright Act, 1957 for permanent injunction restraining infringement of trade marks, infringement of copyright, damages etc.

On the last date of hearing, this Court had confirmed the ad interim ex parte injunction order dated 24th November, 2016 till the disposal of the present suit and had asked an authorised representative of the defendant to be personally present in Court.

Today, learned counsel for defendants, on instructions of Mr.Dharmendra Devda, an authorised representative of the defendants, who is personally present in Court, states that defendants have no objection if the present suit is decreed in accordance with the prayers (a), (b) and (c) of the plaint. He also assures this Court that the defendants shall shut down the e-mail dpsdewas@gmail.com.

In view of the aforesaid statement, learned senior counsel for plaintiff does not press for the other reliefs prayed for.

The statement/assurance/undertaking given by the learned counsel for parties is accepted by this Court and the parties are held bound by the same.

Consequently, the present suit is decreed in accordance with the prayers (a), (b) and (c) of the plaint. The defendants are also directed to shut down the impugned websites and e-mail address operated by them within a period of four weeks. Registry is directed to prepare a decree sheet accordingly.

MANMOHAN, J NOVEMBER 03, 2017 js

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1515/2016 DELHI PUBLIC SCHOOL SOCIETY ..... Plaintiff Through: Mr. Puneet Mittal, Senior Advocate with Mr. BHuvan Gugnani and Ms. Nupur, Advocates. versus DELHI PUBLIC SCHOOL DEWAS & ORS ..... Defendants Through: Mr. Umesh Mishra, Advocate with Mr. Dharmendra Devda, authorised representative of defendants. CORAM: HON'BLE MR. JUSTICE MANMOHAN