Full Text
HIGH COURT OF DELHI
Date of Decision: 13th March, 2019.
M/S ASHWATH INFRATECH PRIVATE LIMITED ..... Plaintiff
Through: Mr. Vishal Gohri, Advocate (M:
9711455398).
Through: Mr. Arun Sharma and Mr. Parveen Kumar, Advocates for D-1, 2 and 4
(M: 9910080532).
JUDGMENT
1. The delay is condoned for the reasons stated in the application.
2. The application is allowed. CS (OS) 535/2018, I.As. 14577/2018 & 2699/2019
3. The Plaintiff has filed the present suit for permanent injunction and damages in respect of its registered design bearing no. 258908 dated 23rd December, 2013. The same is in respect of the shape and configuration of a Rain Water Filter. The design is stated to be valid and subsisting. The total sales figures of the Plaintiff, from 2013-2018 is over 153 crores, and substantial amounts have been spent on advertisements and publicity.
4. The Plaintiff came to know that Defendant No.1–M/s Bantair India Private Limited is promoting its rain water harvesting filtration system on a 2019:DHC:1539 website called www.grihaindia.com. The screenshots of website have been placed on record. Comparative images of the products of the Plaintiff and Defendants have been extracted which are as under:
5. Defendant No.1 is promoted by Defendant No. 2. The other two Defendants i.e., Mr. Ashok Attri and Mr. Dinesh Sharma were also directors/promoters of Defendant No. 1 company. When the present suit was listed on 23rd October, 2018, an interim injunction was passed in the following terms:
6. Defendant Nos.1, 2, and 4 have, thereafter, put in appearance and have filed an application being I.A. No. 2699/2019, wherein it is their case that they initially purchased the Rain Water Harvesting Systems from M/s Life Green Systems Ltd. and thereafter from M/s MVFG House. To support this plea, the Defendants have placed on record, various invoices. It is submitted by the Ld.counsel for the Defendants, that the Defendants are not involved in the manufacture of any infringing Rain Water Filter, but they were merely purchasing and selling the same. It is submitted that Defendant Nos.1, 2 and 4 have already given up sale of these products, and they have no objection if a permanent injunction is passed against them.
7. The report of the Local Commissioner, who was appointed by this Court, reveals that though the Local Commissioner did not find any infringing products at the Defendant No.1’s premises, it is recorded that the Defendant No. 1 had made some supplies of the said Rain Water Filter to clients. Relevant para of the Local Commissioner’s report reads as under –
8. A reading of the report extracted above shows that the Defendants were installing rain water filter systems for clients and one such client was located in Bhiwadi. Thus, there is no doubt that the Defendants were, in fact, selling the infringing Rain Water Filters. However, since they are willing to submit to a permanent injunction, it is directed that a decree of permanent injunction shall operate against the Defendants, their officers, servants, agents, representatives and all others acting for and on their behalf from manufacturing, selling, advertising, distributing, using and distributing the Rain Water Filters which are a fraudulent or obvious imitation of the Plaintiff’s Rain Water Filters, which is registered vide registration NO. 258908.
9. In view of this injunction, the Ld. counsel for the Plaintiff submits that he does not press for the prayer for rendition of accounts/damages. Decree sheet be drawn.
10. Since, the suit is being decreed on agreement of the Defendant, 50% of the court fee is liable to be refunded.
11. Suit and all pending IAs are disposed of.
PRATHIBA M. SINGH JUDGE MARCH 13, 2019