Rajinder Pupneja and Another vs Bishan Das and Sons and Others

Pradeep Nandrajog, J.—Except for defendants 3, 4 and 5 all defendants have been served and in spite of various opportunities granted to them no written statement has been filed. There is no appearance on behalf of any of the defendants today. Served defendants are proceeded ex parte. As far as defendants 3, 4 and 5 are concerned, counsel for the plaintiff states that he proposes to drop the said defendants from the array of defendants. It is ordered accordingly. Let amended memo of parties be filed.

Since the served defendants have not filed any written statement, on the facts of this case, I deem it appropriate to invoke the provisions of Order 8 Rule 10 CPC. The present suit is for permanent injunction to restrain the defendants from infringing the registered design of the plaintiff in respect of the footwear. Counsel for the plaintiff has drawn by attention to the certificate of registration of design being No. 185758 dated 7.6.2001. I have perused the photograph of the plaintiffs design and the design which has been copied by the defendants. The plaintiffs design is as per annexure A and the copied design is as per annexure-B. Indeed, defendants have infringed upon the design of the plaintiff. The suit is decreed insofar it relates to prayer (i). Counsel for the plaintiff states that he gives up the prayer relating to prayers (ii), (iii) and (iv). Suit is accordingly decreed in terms of prayer (i). There shall be no order as to costs. Decree be drawn up accordingly.