PHILIPS INDIA LTD v. SANT KRIPA APPLIANCES PVT LTD

Delhi High Court · 04 Sep 2015 · 2015:DHC:7341
Hima Kohli
CS(OS) 1913/2014
2015:DHC:7341
civil appeal_dismissed

AI Summary

The Delhi High Court allowed the plaintiff to withdraw a suit alleging disparagement after the defendant ceased the alleged acts, while permitting the defendant to claim damages for litigation expenses.

Full Text
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HIGH COURT OF DELHI
CS(OS) 1913/2014
PHILIPS INDIA LTD ..... Plaintiff
Through: Ms. Divya Bhalla, Advocate
VERSUS
SANT KRIPA APPLIANCES PVT LTD ..... Defendant
Through: Mr. Amit Jain, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 04.09.2015
JUDGMENT

1. Counsel for the plaintiff states on instructions from his client that she proposes to withdraw the present suit on the ground that the defendant has stopped publishing/telecasting the alleged disparaging representations in respect of its products.

2. Counsel for the defendant states that the defendant had to incur avoidable and unnecessary expenses in contesting the present suit, which was misconceived from day one and he reserves the right of his client to recover damages from the plaintiff on the said account.

3. While granting leave to the defendant as prayed for and reserving the right of the plaintiff to take all the pleas that may be available to it in the event the defendant files a suit for damages against it, the present suit is dismissed as withdrawn. HIMA KOHLI, J SEPTEMBER 04, 2015 rkb/ap