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2021 Supreme(Del) 1087

SURESH KUMAR KAIT
Kunal Khandelwal – Appellant
Versus
Bennett, Coleman & Company Ltd. – Respondent


Advocates appeared:
Mr. Davesh Vashishtha, Advocate with plaintiff in person, for the Plaintiff; Ms. Mamta R Jha & Mr. Vipul K. Tiwari, Advocate with Mr. Sanjay K. Agarwal, Authorized Signatory, for the Defendant; Ms. Mamta R Jha & Mr. Vipul K. Tiwari, Advocate with Mr. Sanjay K. Agarwal, Authorized Signatory, for the Plaintiff in CS(COMM) 423/2020 & I.A. 9041/2020; Mr. Davesh Vashishtha, Advocate with defendant in person, for the Defendant in CS(COMM) 423/2020 & I.A. 9041/2020

JUDGMENT

(Oral)

The hearing has been conducted through video conferencing.

I.A. No. 8222/2021 (u/O XXIII Rule 3 r/w Sec. 151 CPC) in CS(COMM) 423/2020

1. The present suit for permanent injunction restraining infringement of trade mark, passing off, rendition of accounts of profits/damages, delivery up etc. restraining the defendants its partners, associates, assigns in business, licensees and or franchisees and any other person claiming right through it for use of trade mark ‘ZOOM STOCKS’ or any other identical or deceptively similar trade mark in respect of goods and services falling under class 9, 35, 41 and 42 in any manner including advertising, promoting through any platform including online platforms or by any other means or dealing in any manner directly or indirectly amounting to infringement of plaintiff’s registered trade mark, stands settled between the parties, which has led to filing of the joint application in hand, which is duly signed by Mr. Sanjay K. Agarwal, Authorized Signatory of plaintiff and Mr. Kunal Khandelwal, defendant in person as well as their respective counsels and is also accompanied by the affidavit of the parties.

2. Learned counsel for the parties su

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