FANTECH PTY. LTD Vs. ADEPT FANTECH INDIA PVT

JUDGEMENT

(1.) The Plaintiff has filed the present suit for restraining infringement of trademark, passing off and for damages and delivery up against the defendants.

(2.) Summons were issued in the suit on 18.04.2012. Defendant no. 3 entered appearance on 7.12.12. Fresh summons were issued for Defendant no. 1 and defendant no.3 on the next date of hearing i.e. 15.03.2013. Counsel for defendant no.2 entered appearance and sought time to file written statement. Right to file written statement with regard to defendant no. 3 was closed on 10.09.2013. Costs of Rs. 20,000 were imposed on defendant no.2 and delay in filing written statement was condoned. Since defendant no. 1 was unserved, fresh summons were issued to defendant no.1 vide order dated 10.09.2013. In the order of 5.12.13 it was noted that counsel for defendant no.1 had filed his vakalatnama in the registry. Four weeks time was granted to defendant no.1 to file the written statement. As the written statement was not filed, on 11.02.2014, right to file written statement of defendant no.1 was also closed. As the defendant no.2 did not remove the objections, nor the written statement was refiled by him, on 26.02.2014, right to file written statement of defendant no.2 was also closed. On 4.03.2014, counsel for defendant no.3 made a statement in court that she had instructions not to contest the matter provided the plaintiff gave up his relief of damages. Accordingly, the suit was decreed in favour of plaintiff and against defendant no. 3 on 04.03.2014 in terms of paragraph 35(i) and 35(ii) of the Plaint.

(3.) On the same date i.e. on 04.03.2014, it was prayed by counsel for the plaintiff that a decree be passed against defendant no.1 and defendant no.2 under order 8 rule 10 CPC as despite service of summons and time being granted to counsel for the said defendants to file written statement, no written statement has been filed. Consequently Defendant No. 1 and Defendant No. 2 were proceeded ex-parte on March 04, 2014. Documents stand exhibited before the Joint Registrar.