KIRAN SHOES MANUFACTURERS Vs. MARUTI FOOTWEAR COMPANY

JUDGEMENT

(1.) Present suit has been filed for permanent injunction restraining infringement of registered trademark, passing off, damages, rendition of accounts, delivery up etc. against the defendant. The prayer clause in the present suit is reproduced hereinbelow:-

(2.) The defendant initially entered appearance. However, thereafter learned counsel for the defendant sought discharge on the ground that despite several attempts to contact the authorised representative of the defendant, he had not received any reply or instructions. Accordingly, vide order dated 8th March, 2018, learned counsel for the defendant was discharged. Since none appears for the defendant, today it is proceeded ex-parte.

(3.) Learned counsel for the plaintiff states that he has instructions not to press for any relief other than the reliefs prayed for in prayer 28(a) and (e) of the plaint. He fairly points out that during the pendency of the present suit the plaintiff's design registration has expired. The statement made by learned counsel for plaintiff is accepted by this Court and plaintiff is held bound by the same.