$~5&6.
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IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 333/2018 & IA No.2026/2018 (u/O VII R-14 & O-18 R-4
CPC).
LOREAL ..... Plaintiff
Through: Mr. Ajay Amitabh Suman, Mr.
Pankaj
Kumar, Mr. Kapil
Giri and
Mr. Vinay Shukla, Advs.
versus
REHMAN BROTHERS
& ANR. ..... Defendants
Through: Mr. Surender Chauhan, Mr. Kapil
Kumar, Mr.Abhinav
Kajal and Mr.
Vikas Saini, Advs.
AND
+
CS(COMM) 334/2018 & IA
No.2027/2018 (u/O VII R-14 & O-18 R-4 CPC).
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L'OREAL
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..... Plaintiff
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Through:
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Mr.
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Ajay Amitabh
Suman, Mr.
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Pankaj Kumar,
Mr. Kapil Giri
and
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Mr. Vinay Shukla, Advs.
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versus
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REHMAN BROTHERS & ORS.
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..... Defendants
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Through:
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Mr.
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Surender Chauhan,
Mr. Kapil
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Kumar, Mr.Abhinav
Kajal and Mr.
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Vikas Saini, Advs.
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CORAM:
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HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D
E R
% 22.01.2019
1.
CS(COMM) No.333/2018 has been filed, for permanent injunction
restraining the two defendants therein namely Rehman Brothers and Kamieo
International
from infringing the
mark ‘GARNIER’ of
the plaintiff by
embossing the same on the counterfeit goods and
thereby passing off the
said goods as that of the plaintiff therein and
for ancillary reliefs.
CS(COMM) 333/2018 & CS(COMM)
334/2018 page 1 of
3
2.
CS(COMM) 333/2018
came up first
before this Court
on 18th
December, 2007
when while issuing summons/notice thereof, the defendants were restrained from
manufacturing or selling any product under the trade mark ‘GARNIER’ and
commission issued to the premises of the defendants. The said interim order
continues till now.
3.
CS(COMM) No.334/2018 has been filed by the plaintiff for permanent
injunction restraining the two defendants namely Rehman
Brothers and
Kamieo International from infringing the mark ‘L’OREAL’ of the plaintiff by
embossing the same on the counterfeit goods and passing them off as that of the
plaintiff and for ancillary reliefs. The said suit came up before this Court
first on 18th December, 2007 when vide ex parte ad interim order the defendants were restrained from manufacturing or
selling any product under the trade
mark ‘L’OREAL’.
4.
Issues have been framed in both the suits and recording of evidence
under way. The plaintiff has also filed applications for filing additional
documents which are lying under objection.
5.
The counsel for the defendant no.1 Rehman Brothers in both the suits
states that the defendant no.2 in each suit has already settled with the
plaintiff and suffered an order of permanent injunction as claimed and paid
lump-sum compensation of Rs.50,000/- to the plaintiff in both suits. The
counsel states that defendant no.1 also is willing to suffer a decree for
permanent injunction as claimed in both the suits and offers to pay lump-sum
Rs.50,000/- to the plaintiff in both the suits.
6.
The counsel for the plaintiff states that the plaintiff is willing to
the aforesaid subject to Rs.50,000/- being paid with respect to each of the
suits.
CS(COMM) 333/2018 & CS(COMM)
334/2018 page 2 of
3
7.
It is also stated that the right of the defendant no.1 to file written
statement in both the suit stands closed.
8.
The counsel for the defendant No.1 in both the suits states that the
defendant No.1 is not willing to pay Rs.1,00,000/- in total in both the suits.
9.
I am of the view that the suits cannot be kept pending when the controversy
is limited to the aforesaid extent.
10. The Court, on the basis of
reports of the commission issued, is entitled to award lump-sum damages. In any
case the Court is empowered to award the costs of the suit to the plaintiff.
11.
A decree is thus passed in favour of the plaintiff in each of the suits
and against the defendant no.1 in each of the suits, of permanent injunction in
terms of prayer paragraph 35(a) of the plaint dated 11th January, 2013 in CS(COMM)
No.333/2018 and in terms of prayer paragraph 31(a) of the plaint dated 14th December, 2007 in CS(COMM)
No.334/2018.
12.
The plaintiff is also awarded costs/damages in the sum of Rs.1,00,000/-
in each of the suits. However if the defendant No.1 pays Rs.50,000/- in each of
the suits on or before 22nd
February, 2019, the same shall be accepted in full and final settlement of the
decree for damages/costs in the sum of Rs.1,00,000/- in each of the suits and
if the said amount is not paid, the damages/costs of Rs.1,00,000/- in each suit
will also incur interest at 10% per annum till the date of recovery.
Decree sheets be drawn up.
RAJIV
SAHAI ENDLAW, J
JANUARY
22, 2019
‘pp’..
CS(COMM) 333/2018 & CS(COMM)
334/2018 page 3 of
3
