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2015 Supreme(Del) 1172

HIMA KOHLI
Lloyd Electric & Engineering Ltd. – Appellant
Versus
Jasper Infotech Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. P.S. Bindra, Advocate
Ms. Archana Sachdeva, Advocate

Order

1. Counsel for the plaintiff draws the attention of the Court to the order dated 04.04.2014, on which date, the predecessor Bench had expressed a prima facie opinion that the present suit instituted by the plaintiff for permanent injunction, infringement of trademark, copyright, rendition of accounts etc. is not maintainable when its grievance against the defendant is that they are unauthorizedly selling the plaintiff’s goods.

2. Counsel for the plaintiff states that his clients may be permitted to withdraw the present suit while reserving their right to seek legal remedies against the defendant or any other party in accordance with law.

3. Leave, as prayed for, is granted. The suit is dismissed as withdrawn alongwith the pending applications.



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