NANIKA INTRNATIONAL Vs. PRAVEEN GUPTA & ASSOCIATES

JUDGEMENT

(1.) PRESENT suit has been filed by the plaintiff for permanent injunction restraining infringement of trademark, passing off, rendition of accounts of profit, delivery up and damages.

(2.) SUMMONS in the suit and notice in the application under Order XXXIX Rule 1 & 2, were issued on 04.01.2008. On an application for appointment of local commissioner filed by the plaintiff, a local commissioner was appointed. Defendant no.1 entered appearance on 08.04.2008 and sought time to file written statement and reply to the interim application. Further, on the same day counsel for the plaintiff submitted that he does not wish to get defendant no.2 served as he is just a proforma party.

(3.) PLAINTIFF has filed affidavit by way of evidence of Mr. Deepak Anand (PW1), proprietor of plaintiff. Affidavit of PW1 has been exhibited as Ex. PW1/A. PW1 has deposed that plaintiff is carrying on the business of imports and merchandise Furniture, Furniture Parts, Accessories, Wooden Products, Hardware, Articles of Wood, Cork Cane, Wicker, Laminated or without laminated Particle board, MDF Board, falling under class 20.