MOBILE TELESYSTEMS OJSC Vs. BHAGAT SINGH

JUDGEMENT

(1.) Present suit has been filed against the defendants for permanent injunction, restraining infringement of trademarks, copyrights, passing off, dilution and tarnishment, rendition of accounts, damages and delivery up. The prayer clause in the present suit is reproduced hereinbelow:-

(2.) On 25th February 2015, this Court granted an ex parte ad interim injunction in favour of the plaintiffs and against the defendants. The relevant portion of the said order is reproduced hereinbelow:- "Accordingly, till the next date of hearing, the defendants, their partners, proprietors, principal officers, servants and agents are restrained from manufacturing, selling, offering for sale, distributing, advertising and directly or indirectly dealing in mobile phones or any other similar goods bearing the mark "?MTS "? which is the registered mark of the plaintiffs."

(3.) On 08th February, 2017, the defendants were proceeded ex parte. Today, learned counsel for plaintiffs states that he has instructions only to press the prayers a, b, c, d and h of para 43 of the plaint. The statement made by learned counsel for plaintiffs is accepted by this Court and plaintiffs are held bound by the same.