JOCKEY INTERNATIONAL INC Vs. R CHANDRA MOHAN

JUDGEMENT

(1.) Present suit has been filed by the plaintiff for infringement of trademark, passing off, dilution, tarnishment, unfair competition, damages and rendition of accounts. Summons were issued in the suit on 01.02.2012. On an application for appointment of Local Commissioner moved by the plaintiffs, two Local Commissioners were appointed in the matter. Summons were issued to defendant no. 6 on several dates and was finally served through publication. Despite service none appeared for defendant no. 6, consequently defendant no. 6 was proceeded ex parte on 20.03.2014.

(2.) On 06.05.2014, plaintiffs and defendants no. 4, 5 and 7 filed application under Order 23 Rule 3 CPC for recording of settlement. The suit was decreed against the defendants no. 4, 5 and 7 on 06.05.2014.

(3.) Learned counsel for defendants no.1 to 3 submits that plaintiff and defendants no.1 to 3 have arrived at an amicable settlement and pray that the present suit may be decreed. Counsel further submits that in terms of the settlement defendants no.1 to 3 will pay Rs.1.5 lakhs to the plaintiffs within two months from today.