FLIGHT CENTRE TRAVELS P LTD Vs. RAHUL NATH

JUDGEMENT

(1.) By this order, I propose to decide the four applications filed by the defendants No.3 and 4, the details of which are as under:

(2.) The facts of the case are that the plaintiff filed the present suit for permanent injunction, restraining the defendants from infringing the trade mark of the plaintiff, passing off and rendition of accounts etc.

(3.) When the matter was listed first time before Court on 30.08.2005, the summons in the suit and notice in the application were issued to the defendants. On 05.10.2005 counsel for the plaintiff as well as counsel for the defendants No.2 to 4 appeared and prayed for an adjournment on the ground that the matter may be settled and on their request, the matter was adjourned to 30.01.2006. On 30.01.2006, more time was sought by the counsel for the parties for getting the matter settled. On 11.05.2006, counsel for the defendants stated that she had no instructions with regard to settlement and the defendants were directed to file the written statement and reply. Thereafter, nobody appeared on behalf of the defendants on 19.07.2006, 18.08.2006 and 25.08.2006. Therefore, the defendants were proceeded ex-parte on 25.05.2006 and the plaintiff led the ex-parte evidence by filing the affidavit of Mr Ajay Gupta.