APAR INDUSTRIES LIMITED v. SH RUMMY CHHABRA

1. Present appeal has been filed challenging the ex-parte order dated 5th January, 2023 passed by the learned District Judge, Saket Court in CS (COMM) No. 10/2023 whereby in an application filed under Order XXXIX Rules 1 & 2 by the Respondent-plaintiff, an ex-parte ad interim injunction has been passed against the Appellant-Defendant restraining the Appellant from using the mark “VELLO” in any manner.

2. Learned senior counsel for the appellant-defendant undertakes that the appellant-defendant shall not use the mark ‘VELO’ or ‘VELLO’ for the manufacture or sale of its goods/products in future. He states that the appellant shall sell and dispose of its closing stock-in-hand of 8,893 Nos. of tyres as on 31st December, 2022 and which is having a taxable value of Rs.87,49,875/- and DLP value of Rs.1,11,99,840/-. He states that the details of the said closing stock-in-hand have been given in the CA Certificate dated 10th January, 2023 filed as annexure A-7 to the present appeal. He also states that the appellant-company shall dispose of the said stock within a period of one year from today.

3. Learned counsel for the respondent-plaintiff on instructions states that the appellant should withdraw its pending application for the mark “ARKOS GRIPP VELLO” and should destroy the mould.

4. Learned senior counsel for the appellant clarifies that the appellant had no intention of violating the trademark of the respondent-plaintiff and to put the matter beyond controversy, he acknowledges that the mark “VELO” belongs exclusively to the respondent-plaintiff. He undertakes that the appellant shall, within fifteen days, withdraw its trademark application NO. 5353920 for the mark “ARKOS GRIPP VELLO”. He also states that as the manufacture of the tyres had been outsourced, the appellant shall ensure removal of the mark “VELLO” from the moulds of the tyres in the presence of representative of the respondent within a month. He further states that the appellant shall not seek any extension after one year to dispose of the existing stock. The stock, if any, available after one year shall be destroyed.

5. In view of the aforesaid statements and undertakings, learned counsel for the respondent prays that the present suit be decreed in terms thereof.

6. The aforesaid statements and undertakings given by learned senior counsel for the appellant are accepted by this Court and the appellant is held bound by the same.

7. Further, the aforesaid suit pending before the learned District Judge is decreed in terms of the aforesaid statements and undertakings. The Trial Court shall prepare a decree sheet accordingly. With the aforesaid direction, the present appeal along with application stands disposed of. MANMOHAN, J SAURABH BANERJEE, J JANUARY 16, 2023