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2014 Supreme(Del) 3408

G.S.SISTANI
SAP Aktiengesellschaft – Appellant
Versus
Rohit Sharma – Respondent


Advocates Appeared:
For the Appellant :Rahul Baruar, Advocate

JUDGMENT :

G.S. Sistani, J.-

1. Present suit has been filed by the plaintiffs for permanent injunction restraining infringement of copyright, trademark, passing off, rendition of accounts of profit, damages and delivery up. Summons in the suit and notice in the application under Order XXXIX Rule 1 & 2, were issued on 23.12.2011 and 20.01.2012. On an application for appointment of local commissioner filed by the plaintiff, a local commissioner was appointed. Defendants entered appearance on 15.03.2012 and sought time to file the written statement and reply to the interim application. Defendants failed to file their written statement and reply to the interim application, therefore their right to file the same was closed vide order dated 29.05.2011 and on the same date, defendants were proceeded ex parte. Plaintiffs' evidence was concluded on 17.12.2012. Further, plaintiffs filed an application under Order XXXIX Rule 2A and notice was issued in the said application to defendants through e-mail on 19.12.2012. None appeared for defendants, therefore, bailable warrants in the sum of Rs. 5000/- were issued against defendant No. 1 vide order dated 15.07.2013. Bailable warrants could not be

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