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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
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ORDER
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28.08.2019
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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the suit is dismissed as withdrawn.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
