Cedar Properties & Trading LLP & Ors. v. Innova Captab Ltd & Ors.

1. The prayer clause in the present plaint, instituted by the plaintiff against the defendants, reads thus:

dealers, stockists etc. from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal and pharmaceutical/medicinal preparations under the impugned Trade Marks "DROTAWAL" or any other mark that may be identical to and/or deceptively similar to the Plaintiffs Trade Mark “DROTIN/DROTIN M” as is likely to cause confusion or deception or which is likely to have an association with the registered mark amounting to infringement of the Plaintiffs' registered trade mark NO. 732349; ii) A decree for permanent injunction restraining the Defendants, their servants, agents, assigns in business, its dealers, stockists etc. from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal and pharmaceutical preparations under the impugned trademarks "DROTAWAL" or any other mark that may be identical to and/or deceptively similar with the Plaintiff's registered trade mark DROTIN, as may be likely to cause confusion or deception in the mind of the public in mistaking the Defendant's goods/business as and for those of the Plaintiffs amounting to infringement, passing off & unfair competition/dilution. iii) A decree for delivery up of all the infringing packaging, labels, blocks, dyes, articles etc. to an authorised representative of the Plaintiffs for destruction/erasure. iv) An order for rendition of accounts of profits illegally earned by the Defendant and a decree for an amount so found due; v) A decree of Rs. 2,00,50,000/-. vi) An order for costs in the proceedings; and vii) Any further order as this Hon'ble Court deems fit and proper in the facts and circumstances of this case.”

2. On 1st September 2022, the learned Counsel for the defendants submitted under instructions that the defendants were ready to suffer a decree in terms of the prayers (i) and (ii) of the prayer clause in the plaint.

3. As such, it is not necessary for this Court to enter into the merits of the dispute.

4. The suit, accordingly, stands decreed in terms of prayer clauses (i) and (ii) in para 37 of the plaint reproduced hereinabove.

5. Let a decree sheet be drawn up by the registry.

6. As the suit has been decreed without trial, the plaintiffs would be entitled to be refunded the Court fees, if any, deposited by them.

C.HARI SHANKAR, J DECEMBER 9, 2022