HINDUSTAN UNILEVER LIMITED Vs. NARESH ARORA

JUDGEMENT

(1.) PRESENT application has been filed under Order 1 Rule 10(2) read with Section 151 CPC for deletion of defendants No.1 and 3. It is stated that the defendants No.1 and 3/applicants are not carrying out any alleged activities as stated in the plaint. Learned counsel for defendants No.1 and 3/applicants states that they are property brokers and are not involved in the business of manufacture of any product. As admittedly, there are averments in the plaint against all the defendants including the applicants, this Court is of the view that they cannot be deleted at the present stage. However, at the time of framing of issues, an issue may be framed "Whether defendants No.1 and 3 are liable to be deleted in view of the averments in the written statement". With the aforesaid observations, present application stands disposed of.

(2.) MR . Sandeep Sethi, learned senior counsel for plaintiff submits that the defendants are ,,contumacious infringers inasmuch as defendants No. 1 to 4 despite giving an undertaking in an earlier suit being CS(OS) 789/2011 that they would not infringe the rights of the plaintiff by manufacturing or selling any product similar to plaintiffs products, are still indulging in infringement and passing off of registered designs of the plaintiff.

(3.) COMMISSIONER , Mr. Sunil Sethi, Advocates report, wherein he has observed as under:-