RSPL Limited Vs Mukesh Kumar-28.08.2019-CS(COMM) 1488 OF 2016

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*                    IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   CS(COMM) 1488/2016 & I.A. 924/2015

M/S RSPL LTD

Through:

..... Plaintiff

Mr.S.K.Bansal & Mr.Ajay

Amitabh Suman, Advocates

versus

MUKESH SHARMA & ANR

Through:

..... Defendants

Mr.Prakhar Sharma &

Mr.N.K.Kantawala, Advocates

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

	ORDER
%	28.08.2019

1.                 The question pertaining to the jurisdiction of this Court to deal with the suit was decided by the learned Single Judge of this Court vide judgment dated 05.04.2016, against the plaintiff herein. An appeal against the said judgment was also allowed by the Division Bench of this Court vide judgment dated 03.08.2016 in FAO(OS) 145/2016. The defendants have filed SLP(C) 27458/2016 against that order. However, by the order of the Supreme Court dated 13.01.2017, it has been specifically directed that the proceedings before this Court are not stayed.

2.                 Mr.Prakhar Sharma, learned counsel for the defendants, states that he has instructions to undertake on behalf of the defendants that they,

their agents, employees, representatives, successors and all others acting on their behalf, will not use the trade name “Ghari Trade Mark Company” or any other trade mark or trade name identical or deceptively similar thereto.

3.                 Mr.S.K.Bansal, learned counsel appearing for the plaintiff, states that in view of the statement made on behalf of the defendants, the plaintiff does not wish to prosecute the present suit.

4.                 Learned counsel for the defendants also states that he will seek permission of the Supreme Court to withdraw the pending Special Leave Petition.

5.                 Recording the statement as above, the suit is dismissed as withdrawn.

PRATEEK JALAN, J

AUGUST 28, 2019

„hkaur‟/s