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Lotus Herbals Limited Versus The Chief Commissioner Of Custom & Others

2018 (2) TMI 422 - DELHI HIGH COURT

Relief to prayer 30(ii) and 30(iii) of the plaint - Held that: - the defendant no. 3 has no real prospect of defending the claim as it has neither entered appearance nor filed its written statement or denied the documents of the plaintiff, this Court is of the view that there is no need to relegate the plaintiff to lead ex parte evidence - the present suit is decreed qua defendant no.3 in accordance with prayer 30(ii) and 30(iii) of the plaint along with actual costs - suit stands disposed off. .....

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ourt vide order dated 19th September, 2013 had restrained the defendants from selling any goods under the trademark LOTUS or any mark bearing the word LOTUS either as a suffix or prefix. 3. Today learned counsel for defendant no.2 reiterates that defendant no.2 had placed an order for unbranded goods with defendant no.3. She admits that in the import consignment, certain branded goods bearing the marks LAKME, MAC and LOTUS have been found. She however states that the defendant no.2 has not got a .....

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the custom authorities in accordance with law. 5. She emphasis that defendant no.2 has not imported any goods bearing the mark LOTUS and she undertakes that even in future no goods bearing the said mark shall be imported without taking specific permission/authorization of the plaintiff. 6. In view of the aforesaid statements/undertakings, learned counsel for the plaintiff does not wish to press for any other relief qua defendant no.2 from this Court. 7. The statements/undertakings given by lear .....

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ust, 2015. 10. At this stage, learned counsel for the plaintiff states that he is confining his relief to prayer 30(ii) and 30(iii) of the plaint against defendant no.3. 11. A Coordinate Bench of this Court Satya Infrastructure Ltd. & Ors. Vs. Satya Infra & Estates Pvt. Ltd., 2013 SCC OnLine Del 508, has held as under:- 4. The next question which arises is whether this Court should consider the application for interim relief and direct the plaintiffs to lead ex parte evidence. The counse .....

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