CATERPILLAR INC Vs. SURESH DUE

JUDGEMENT

(1.) The suit had been instituted by the plaintiff for permanent injunction restraining the seven defendants from manufacturing and selling counterfeit footwear in violation of the plaintiff's statutory and common law rights and for other ancillary reliefs of delivery-up, rendition of accounts and damages, pleading:

(2.) This Court issued summons in the suit to the defendants on 04.01.2011 and vide order of the same date granted an ex-parte ad-interim injunction in favor of the plaintiffs. This Court, at the request of the plaintiff, also appointed seven Local Commissioners to inspect the respective premises of the defendants. The Local Commissioners, in compliance of the orders of this Court, have submitted their reports.

(3.) The claims in the suit were subsequently settled with defendants no. 1, 3, 4, 5, 6 and 7 and decrees drawn as per separate compromise applications filed by the respective parties before this Court in that regard. This Court thereafter upon being satisfied of due service to defendant no. 2, the lone surviving defendant in the suit, vide order dated 18.04.2012 proceed ex-parte against the defendant No.2 and directed the plaintiff to file its affidavit by way of ex-parte evidence.