JUDGMENT

Amit Bansal, J. (Oral)

CS(COMM) 34/2022

1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark of the plaintiff, passing off his goods as that of the plaintiff, damages and other ancillary reliefs.

2. Summons in the suit were issued on 17th January, 2022, when this Court granted ex parte ad interim injunction against the defendant restraining him from using the impugned mark 'SHAN E DELHI', 'SHANA-DELHI' or any other mark identical or deceptively similar to the plaintiff's trademark, 'SHAN-E-DELHI' /[IMG]. A Local Commissioner was also appointed by this Court to seize and inventorize the infringing goods. Vide order dated 2nd February, 2022 one more Local Commissioner was appointed to visit another premises of the defendant.

3. The counsel appearing on behalf of the defendant entered appearance on 26th April, 2022 and the Court directed for the written statement along with an affidavit of admission/denial of documents to be filed within the period permissible in law. The replication was directed to be filed within fifteen days of the receipt of the written statement.

4. The written statement was f