Taco Bell Corp. vs Shree Restaurants Pvt. Ltd.
1999 Latest Caselaw 557 Del

Citation : 1999 Latest Caselaw 557 Del
Judgement Date : 22 July, 1999

Delhi High Court

Taco Bell Corp. vs Shree Restaurants Pvt. Ltd. on 22 July, 1999

Equivalent citations: 80 (1999) DLT 791

Author: V Sen

Bench: V Sen

JUDGMENT

Vikramajit Sen, J.

1. This suit came up for hearing for the first time on 30th May, 1997 and an interim order as prayed for had been granted on that date. On 17.10.1997 a direction was issued for the first time for filing of the Written Statement within four weeks and this was extended further on 8.1.1998, 26.2.1998, 25.5.1998 (on which date cost of Rs. 2000/- was imposed). On 27.8.1998, since Written Statement had still not been filed and since no appearance was entered on behalf of the defendant, notice of default was ordered to be issued to the Counsel for the defendant. On 22.2.1999 on a further request made on behalf of the defendant, one last opportunity for filing Written Statement within four weeks was granted. The matter came up for hearing on 15.7.1999, on which date there was no appearance on behalf of the defendant and the Written Statement had also not been filed.

2. In view of the facts stated above this is a fit case for invoking the provisions of Order 8, Rule 10, on a fair construction of which the averments made in the plaint should be deemed to have been admitted.

3. I have perused the plaint and the documents filed alongwith it. It is evident therefrom that the trade mark and logo TACO BELL has been used by the plaintiff since 1984 and has generated several billion dollars in sales. The plaint also discloses that advertisement costs running into millions of dollars has been incurred by the plaintiff. It is also averred in the plaint that the plaintiff's TACO BELL trade mark and logo have been registered in India under the provisions of Trade and Merchandise Marks Act, 1958.

4. In my opinion this is a fit case for decreeing the suit as prayed for in para 27 of the plaint. It is decreed accordingly. Since appearance was entered on behalf of the defendant, and opportunities for filing Written Statement were granted from time-to-time, the plaintiff will also be entitled to costs.

Decree sheet be prepared accordingly.