APAR INDUSTRIES LIMITED Vs. RUMMY CHHABRA

JUDGEMENT

(1.) Present appeal has been filed challenging the ex-parte order dtd. 5/1/2023 passed by the learned District Judge, Saket Court in CS (COMM) No. 10/2023 whereby in an application filed under Order XXXIX Rules 1 & 2 by the Respondent-plaintiff, an ex-parte ad interim injunction has been passed against the Appellant-Defendant restraining the Appellant from using the mark "VELLO" in any manner.

(2.) Learned senior counsel for the appellant-defendant undertakes that the appellant-defendant shall not use the mark 'VELO' or 'VELLO' for the manufacture or sale of its goods/products in future. He states that the appellant shall sell and dispose of its closing stock-in-hand of 8,893 Nos. of tyres as on 31/12/2022 and which is having a taxable value of Rs.87,49,875.00 and DLP value of Rs.1,11,99,840.00. He states that the details of the said closing stock-in-hand have been given in the CA Certificate dtd. 10/1/2023 filed as annexure A-7 to the present appeal. He also states that the appellant-company shall dispose of the said stock within a period of one year from today.

(3.) Learned counsel for the respondent-plaintiff on instructions states that the appellant should withdraw its pending application for the mark "ARKOS GRIPP VELLO" and should destroy the mould.