ough Mr.C.A.Sundaram, Sr. Adv. & Mr.Amit Chadha, Sr.Adv. with Mr.Tejas Kaiia & Mr.Nitesh Jain, Advs. v. TIRUPATI BUILDINGS & OFFICES PVT LTD

1. The aforesaid petition has been filed by the petitioners under Section 9ofthe Aititi-ation &Conciliation Act, 1996, seeking the following reUefs:- "(a) An order of interim injunction restraining Respondent, its group companies, associates, promoters, directois, licensees, franchisees, their family members, officers, employees, agents, distiibutors, servants, or anyone who may be acting for and on its behalf, in any 2013:DHC:8405 manner, from using the brands, ti'ademarks, ti'ade names, sei-vice mai'ks and copyrights, marks, logos, symbols, knowhow, tiade dress, slogans and all similar proprietary rights associated with the words "lebua" (including all related hotel and food and beverage names and marks), 'lebua at State Tower', 'lebua Hotels and Resorts', 'lebua Residences', 'Tower Club', 'Tower Club at lebua', 'Shocco', 'Breeze', 'Mezzaluna', 'Cafe Mozu', 'Sky Bar', 'Distil', 'The Dome at State Tower', 'The Dome at lebua', 'Ocean 52', 'Epicurean Master's of the World' and all related or derived ti'ade names of the above, including but not Innited to 'Snocco IF, 'Breeze IF, 'Mezzaluna 11', 'Sky Bai" IF which are owned by the Petitioners either by itself or as part of a composite tiade mai'k or as a pait of its coiporate name or in any manner whatsoever in relation to Emporio Hotel located at Plot No.3, Sector 10, Dwarka City Center, New Delhi 110 075 or any other property or any services being provided by the Respondent; (B) X X X X X

(C) X X X X X

(D) X X X X x"

2. Issue notice.

3. Ml". D.R. Bhatia, leamed counsel appeai-rng on behalf of the respondent accepts notice. He produced before Court a typed copy of statement ofthe respondent which reads as under:- "(a). That the Respondent states that the Respondent is not using any brand/s, trademaik/s, tiade naine/s, sei-vice mai'k/s, and copyright/s, mark/s, logo/s, symbol/s, ti'ade di'ess, slogan/s and any proprietaty right/s associated with the Petitioners, i.e. Lebua (including all related hotel and food and beverage names and marks), i.e. 'Lebua at State Tower', 'Lebua Hotels and Resorts', 'Lebua Residences', 'Tower Club at Lebua', 'Skocco', 'Breeze', 'Mezzaluna', 'Cafe Mozu', 'Sky Bar', 'Distil', 'The Dome at Tower', 'The Dome at Lebua', 'Ocean 52', 'Epicurean Master's of the World' or any other related or derive tiade name/s."

4. The respondent is giving the aforesaid undertaking without admitting any of the contents ofpetition filed by the petitionersagainst the respondent under Section 9 of the Aibitiation and Conciliation Act. The same is made without admitting the claim of the petitioners and without prejudice to the contentions of the parties who shall have the libeity to contest the matter before the Aibiti ator if such situation would aiise.

5. The paities hereby confirm that the Technical Consultancy Agreement dated 23.08.2011, Hotel Management Agi'eement dated 25.02.2012 and Trademai-k License Agreement dated 03.03.2012, entered into between the Petitioners and the Respondent stands tenninated on 31.12.2012.

6. In view of the statement made by the counsel for the respondent, the interim order is passed in teims ofpai'a34(A) ofthe petition.

7. Learned Senior counsel further states that the respondent has no objection if a Local Commissioner is appointed, at the cost ofthe petitioner, to verify the position at the spot. Accordingly, Ms.Manmeet Kaur (Mob.No.9899266760) is appointed as Local Cominissioner who shall visit the premises of the respondent, the detailofwhichis given as under:- "Emporio Hotel located at Plot No.3, Sector 10, Dwai'ka City Center, NewDelhi-110 075" The Local Commissioner shall visit the premises within, one week fi-om today and verify the positionwithregard to the statement as mentioned in pai'a 3(a) of this order. She shall submit the report within 4 weeks with advance copies to.the learned counsel for the paities. Her fee is assessed at ?50,000/- which shall be paid by the petitioners.

8. In view of the above, nothing survives in the petition. The same is accordingly disposed of No costs.

MANMOHAN SINGH, JANUARY 04, 2013