Brahmos Aerospace Pvt Ltd vs Fiit Jee Limited & Anr
2015 Latest Caselaw 4576 Del

$~CCP-7
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CCP(O)No.63/2014 in CS(OS) 2655/2013
      BRAHMOS AEROSPACE PVT LTD                ..... Petitioner
                   Through : Mr. Mohit Chaudhary with
                   Ms. Artitra Dass, Advocates

                        versus

      FIIT JEE LIMITED & ANR                        ..... Respondents
                       Through : Ms. Pratibha M. Singh, Sr. Advocate
                       with Mr. Nishant Nigam, Mr. Abhinav Verma
                       and Ms. Anusuya Nigam, Advocates
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                       ORDER

% 01.07.2015

1. The present petition has been filed by the petitioner stating inter

alia that the respondents are in breach of the order dated 24.2.2014,

passed in IA No.21136/2013, an application filed by the

plaintiff/petitioner under Order XXXIX Rules 1 & 2 CPC, whereunder

the respondents/defendants were restrained from "using the

trademark "BRAHMOS" in relation to educational activities or part of

domain name in any manner whatsoever in order to create the

confusion and deception and infringing the trademark of the plaintiff."

2. On 13.4.2015, after hearing arguments of both sides, the

Predecessor Bench has observed that the petitioner has made out a

prima facie case of contempt. However, at that stage, learned Senior

Advocate appearing for the respondents had sought time to obtain

instructions from his clients as to whether they were willing to dis-

continue with the mark "BRAHMOJUS", which they are using for

educational activities.

3. Today, Ms. Singh, learned Senior Advocate appearing for the

respondents states, on instructions, that the respondents shall not use

the mark "BRAHMOJUS" for educational activities. She however states

that this is without prejudice to the right of the respondents to file an

application for seeking modification of the order dated 24.2.2014

passed in IA No.21136/2013.

4. In view of the submission made by the learned Senior Advocate

appearing for the respondents states that the authorized

representative of the defendant No.1 in the suit shall file an affidavit of

compliances within one week, with an advance copy to the other side.

5. The contempt proceedings are disposed of with liberty granted

to the respondents to file an appropriate application for seeking

modification of the order dated 24.2.2014, as prayed for. As and

when such an application is filed, the same shall be considered in

accordance with law.

6. File be consigned to the record room.

HIMA KOHLI, J JULY 01, 2015/ sk