Central Park Estates Pvt Ltd & Anr vs Lancor Holdings Limited
2018 Latest Caselaw 6449 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(COMM) 456/2017

       CENTRAL PARK ESTATES PVT LTD & ANR            ..... Plaintiffs
                    Through: Mr. Pravin Bahadur, Mr. R.K. Jain
                             and Mr. Devanshu Jain, Advocates
                             with Mr. Vikram Kumar, authorised
                             representative of the plaintiffs.

                          versus

       LANCOR HOLDINGS LIMITED                    ..... Defendant
                    Through: Mr. Tahir A.J., Advocate.

%                                  Date of Decision: 25th October, 2018

CORAM:
HON'BLE MR. JUSTICE MANMOHAN

                           JUDGMENT

MANMOHAN, J: (Oral)

1. Present suit has been filed for permanent injunction restraining infringement of trade marks, unfair trade practice, damages etc.

2. In the plaint, it has been averred that the plaintiffs are the registered proprietor of the trade mark 'CENTRAL PARK'. It is further averred that the defendant has illegally adopted the impugned mark 'THE CENTRAL PARK'.

3. On 26th September, 2018, the parties requested the learned Local Commissioner to place the matter before the Court as the defendants had agreed to suffer the decree in terms of the prayer clause and had handed over a Demand Draft of Rs.1,50,000/- to the Advocate for the plaintiffs.

The order dated 26th September, 2018 passed by the learned Local Commissioner reads as under:-

"The Respondent has agreed to suffer a decree in terms of the prayer clause and has handed over a DD bearing No.196786 in the sum of Rs.1,50,000/- dated 25.09.2018 drawn on City Union Bank Ltd. to Shri R.K. Jain, Adv. for Plaintiff. Both the parties have jointly requested that proceedings before the LC be closed and file be sent to the Hon'ble court.

In view of the above, the proceedings before the LC are closed. File be placed before the Hon'ble court on 10.10.2018 the date already fixed.

Copy of the proceedings given to both the parties."

4. Today, learned counsel for defendant reiterates that he has no objection if the present suit is decreed in accordance with the paragraph 30(i) and (ii) of the plaint.

5. Learned counsel for plaintiffs states that in view of the aforesaid statement as well as the payment of Rs.1,50,000/-, the plaintiffs do not wish to press for any other or further relief.

6. The statements/undertakings given by both the learned counsel are accepted by this Court and parties are held bound by the same.

7. The Registry is directed to prepare a decree sheet in terms thereof. The order dated 27th July, 2016 is modified to the aforesaid extent. With the aforesaid observations, present suit stands disposed of.

MANMOHAN, J OCTOBER 25, 2018 js