Delhi High Court
Cedar Properties & Trading Llp & ... vs Innova Captab Ltd & Ors. on 9 December, 2022
Neutral Citation Number : 2022/DHC/005466
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 614/2021 & I.A. 15757/2021
CEDAR PROPERTIES & TRADING LLP & ORS.
..... Plaintiffs
Through: Ms. Yashmeet and Ms. Arushi
Singh, Advs.
versus
INNOVA CAPTAB LTD & ORS. ..... Defendants
Through: Mr. Chander Shekhar Patney &
Mr. K. D. Sharma, Advs. for D 1 to 3
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT(O R A L)
% 09.12.2022
1. The prayer clause in the present plaint, instituted by the plaintiff
against the defendants, reads thus:
"37. It is, therefore, respectfully prayed that this Hon'ble Court may
be pleased to grant the following reliefs:
i) A decree for permanent injunction restraining the
Defendants, their servants, agents, assigns in business, its
dealers, stockists etc. from manufacturing, selling, offering
for sale, advertising, directly or indirectly dealing in
medicinal and pharmaceutical/medicinal preparations under
the impugned Trade Marks "DROTAWAL" or any other
mark that may be identical to and/or deceptively similar to the
Plaintiffs Trade Mark "DROTIN/DROTIN M" as is likely to
cause confusion or deception or which is likely to have an
association with the registered mark amounting to
infringement of the Plaintiffs' registered trade mark No.
732349;
ii) A decree for permanent injunction restraining the
Defendants, their servants, agents, assigns in business, its
Signature Not Verified
By:KAMLA RAWAT
Signing Date:13.12.2022
16:46:47
Neutral Citation Number : 2022/DHC/005466
dealers, stockists etc. from manufacturing, selling, offering
for sale, advertising, directly or indirectly dealing in
medicinal and pharmaceutical preparations under the
impugned trademarks "DROTAWAL" or any other mark that
may be identical to and/or deceptively similar with the
Plaintiff's registered trade mark DROTIN, as may be likely to
cause confusion or deception in the mind of the public in
mistaking the Defendant's goods/business as and for those of
the Plaintiffs amounting to infringement, passing off & unfair
competition/dilution.
iii) A decree for delivery up of all the infringing
packaging, labels, blocks, dyes, articles etc. to an authorised
representative of the Plaintiffs for destruction/erasure.
iv) An order for rendition of accounts of profits
illegally earned by the Defendant and a decree for an amount
so found due;
v) A decree of Rs. 2,00,50,000/-.
vi) An order for costs in the proceedings; and
vii) Any further order as this Hon'ble Court deems fit
and proper in the facts and circumstances of this case."
2. On 1st September 2022, the learned Counsel for the defendants
submitted under instructions that the defendants were ready to suffer a
decree in terms of the prayers (i) and (ii) of the prayer clause in the
plaint.
3. As such, it is not necessary for this Court to enter into the merits of
the dispute.
4. The suit, accordingly, stands decreed in terms of prayer clauses (i)
and (ii) in para 37 of the plaint reproduced hereinabove.
Signature Not Verified
By:KAMLA RAWAT
Signing Date:13.12.2022
16:46:47
Neutral Citation Number : 2022/DHC/005466
5. Let a decree sheet be drawn up by the registry.
6. As the suit has been decreed without trial, the plaintiffs would be
entitled to be refunded the Court fees, if any, deposited by them.
C.HARI SHANKAR, J
DECEMBER 9, 2022/AR
Signature Not Verified
By:KAMLA RAWAT
Signing Date:13.12.2022
16:46:47
