ITC LIMITED Vs. ARORA OFFSET PRINTERS & ORS

JUDGEMENT

(1.) The senior counsel for the plaintiff and the counsels for all the eight defendants (defendants no.9 to 12 are Ashok Kumars) have been heard on IA No.14230/2016 of the plaintiff under Order XXXIX Rules 1&2 of the Code of Civil Procedure, 1908 (CPC).

(2.) The counsels for the defendants, during the course of hearing stated that it is only the defendants no.3,5&8 namely Durga Trading Co., Meena Agarbatti Company and Shashi Dhoop Industries who are manufacturing the infringing goods and the other defendants are either printers of the packaging used by the defendants no.3,5&8 or suppliers of raw material or the retailers of the said products and thus have no interest in contesting this suit. It is stated that the said defendants, other than the defendants no.3,5&8, are willing to make a statement that they will not violate the rights claimed by the plaintiff and suffer a decree for permanent injunction as claimed in para 63(B) of the plaint dated 17th November, 2016.

(3.) Thus, the suit, insofar as against the defendant no.1 Arora Offset Printers, defendant no.2 Delhi Agarbatti Company, defendant no.4 National Agarbatti Factory, defendant no.6 Seema Agarbatti and defendant no.7 Jagdamba Trading Company is disposed of by issuing a decree for permanent injunction in favour of the plaintiff and against the said defendants, of permanent injunction in terms of prayer paragraph 63(B) of the plaint dated 17th November, 2016, and leaving the parties to bear their own costs. The said defendants need not to participate further in the suit. Decree sheet be drawn up.