M.K. Srinivasan and Another v. Chemsol India and Another

O R D E R

¶1Mr. Vikas Kakkar, learned counsel appearing for the defendants submits that defendant no. 1 is only a dealer and not the manufacturer of the goods in question.

¶2He further submits that defendant no. 2 is only an authorised signatory of defendant no. 1, therefore, is not a necessary party.

¶3Learned counsel appearing for the defendants further submits that the principal, i.e., the manufacturer of the goods in question, has not been impleaded in the present matter, qua which arbitration proceedings are already pending in Bangalore under Section 9 of the Arbitration and Conciliation Act, 1996.

¶4Learned counsel appearing for the defendants further submits that he This is a digitally signed order. has nothing to do with the plaintiffs' marks, and shall not use or deal with the marks of the plaintiffs in future.

¶5He further undertakes that the defendants shall not sell the products under the marks of the plaintiffs.

¶6Ms. Yogita Rathore, learned counsel appearing for the plaintiffs submits that in view of the statement made by the defendants, the plaintiffs are satisfied.

¶7The defendants are held bound by their statement and undertaking made before this Court.

¶8Accordingly, noting the aforesaid statement and undertaking made by learned counsel appearing for the defendants, proceeding in the present suit, is closed.

¶9In view of the fact that the present matter is being disposed of on the undertaking of the defendants at a nascent stage and even the proceedings in the matter are not complete, the Registry is directed to issue a certificate of refund of full Court Fees to the plaintiff.

¶10The present suit is accordingly disposed of, along with the pending application.

MINI PUSHKARNA, J NOVEMBER 13, 2024 AK This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 752/2024 & I.A. 38225/2024 M.K. SRINIVASAN AND ANOTHER .....Plaintiffs Through: Mr. Essenese Obhan and Ms. Yogita Rathore, Advocates (through VC) versus CHEMSOL INDIA AND ANOTHER .....Defendants Through: Mr. Vikas Kakkar, Mr. Anshul Dixit and Mr. Dilip Kr. Rana, Advocates. Mob: 9718503084 Email: anshuldixit399@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA % 13.11.2024