GLEN INDIA LIMITED Vs. SURINDER TEWARI

JUDGEMENT

(1.) This is an application made under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. This application has been moved jointly by the plaintiff and the defendants. By virtue of this application, the parties submit that permanent injunction be granted against the defendants in terms of paragraph 19 (i) and (ii) of the plaint. The other prayers are given up by the plaintiff.

(2.) This application is signed by Mr Anand Rai, the authorised signatory of the plaintiff and by Mr Surinder Kumar Tewari, who is the defendant No.1 and has also signed on behalf of the defendant No. 2 being the Director of the Defendant No.2. He has also signed on behalf of defendant No.3 which is an erstwhile partnership firm in which the said Mr Surinder Kumar Tewari was a partner. The affidavits in support of this application have also been filed. These affidavits have been affirmed by the said Mr Anand Rai and Mr Surinder Kumar Tewari. This application is also signed by the counsel for the parties. It is marked as Exhibit-C-1.

(3.) By virtue of this application, the parties have acknowledged the plaintiff to be the proprietor of the trademark / trading style ?GLEN?. The defendants have submitted various undertakings, including the undertaking that in future they will not operate any business or sell goods or provide any services under the trademark / trading style ?GLEN? or any deceptively similar variant thereof. The other undertakings given by the defendant are set out in detail in the application. In view of these undertakings, the plaintiffs have agreed to give up their prayers under paragraph 19 (iii), (vi) and (vii) of the plaint.