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2015 Supreme(Del) 4625

MANMOHAN SINGH
Motorola Inc. – Appellant
Versus
Motorola Auto India Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mamta Jha and Shashi Pratap Ojha, Advocates.

JUDGMENT :

Manmohan Singh, J.-

1. The plaintiffs have filed the suit for permanent injunction restraining passing off, infringement of trademark, damages, rendition of accounts, delivery up etc.

2. After completing the pleadings the defendants stopped appearing in the matter. Therefore, by order dated 16th September, 2015, they were proceeded ex-parte.

3. Ex-parte evidence was produced by way of affidavit of Mr. Vikas Garg son of Mr. Siddharth Kumar resident of 1273, Deerfiled Park Unit, 104, Buffalo Grove 60089, USA. No cross was conducted by the defendants. When the matter is taken up today, there is no representation on behalf of the defendants. The plaintiffs' counsel has made submissions. Written submissions are also filed.

4. Original Power of Attorney dated 22nd December, 2014 in favour of the PW-1 on behalf of Motorola Solutions India Pvt. Ltd. from Motorola Solutions India Pvt. Ltd. along with Board Resolution dated 19th December, 2014 has been exhibited as Ex. PW-1/86(Colly). Original Power of Attorney dated 8th January, 2015 in favour of PW-1, on behalf of Motorola Trademark Holdings, LLC, the Plaintiff No. 3, is on record of plaintiffs' documents filed vide list of document

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