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HIGH COURT OF DELHI
CS (COMM) 122/2022
USHA INTERNATIONAL LIMITED ..... Plaintiff
Through: Mr. Jithin M. George, Adv.
AS KRISHAN ENTERPRISES ..... Defendant
Through: Mr. Himanshu Batham, Adv. with Mr. Tarun Arora in person
JUDGMENT
20.03.2023
1. Mr. Tarun Arora is present in person along with Mr. Himanshu Batham.
2. In terms of para 14 of the order dated 20th July 2022, a compliance affidavit has been filed by Mr. Tarun Arora, in which it is stated that the defendant has no stock of the products bearing the plaintiff’s marks.
3. Mr. George, learned Counsel for the plaintiff does not dispute the said factual position.
4. As such, there can be no order directing delivery up, as prayed in the suit.
5. Costs and damages already stand awarded by order dated 20th July 2022. Neutral Citation Number: 2023:DHC:2005 CS(COMM) 122/2022
6. The suit, therefore, does not survive for further adjudication.
7. The suit, accordingly, stands decreed in terms of the order dated 20th July 2022.
8. Let a decree-sheet be drawn up accordingly.
C.HARI SHANKAR, J MARCH 20, 2023