Bharti Enterprises (Holding) vs Bharti 3G Solutions Limited & Ors
2015 Latest Caselaw 9143 Del

$~12
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1206/2014 & IA No.7871/2014
       BHARTI ENTERPRISES (HOLDING)                    ..... Plaintiff
                     Through : Mr. Sudeep Chatterjee, Advocate

                         versus

       BHARTI 3G SOLUTIONS LIMITED & ORS         ..... Defendants
                     Through : Mr. N. Ganpathy, Advocate for D-2.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 08.12.2015

1. The present suit for permanent injunction, rendition of accounts,

passing of, delivery up, etc., has been instituted by the plaintiff against

the defendants praying inter alia that they be restrained from violating

and infringing their rights in the trade name/mark "BHARTI" and the

mark/logo/label "AIRTEL" as also the plaintiff's domain name and for

restraining them from passing of their services as that of the plaintiff.

2. The suit was registered on 29.4.2014 and summons were issued to

the defendants. On the same date, an ex parte ad interim injunction was

granted in favour of the plaintiff. The defendants No.2 and 4 were duly

served in the suit, whereas the service report in respect of defendants

No.1 and 3 was awaited.

3. Counsel for the plaintiff states that in the meantime, defendant

No.1 has proceeded to delete the domain name "bharti3gsolutions.com"

and immediately thereafter, the plaintiff had taken steps to have the

captioned domain name registered in its favour. Having regard to the

said development, he submits that no further orders are required to be

passed in the present suit, wherein the defendant No.1 alone is the

contesting defendant.

4. In view of the said submission, the present suit is disposed of, along

with the pending application.

HIMA KOHLI, J DECEMBER 08, 2015 sk