Manmohan JUDGMENT
Manmohan, J.
I.A. 11105/2017
1. Present application has been filed under Order VIII Rule 10 read with Section 151 CPC.
2. It is pertinent to mention that the present suit has been filed for permanent injunction, infringement of trade mark, account of profits and declaration. The prayer clause in the present suit is reproduced hereinbelow:-
(a) A decree of permanent injunction against the Defendant, her successors, servants, agents, licencees, franchisees, representatives, assignees and any one acting for and/or on her behalf from using the trade name "SINGER AGENCIES" and/or any other trade name/trade mark identical/deceptively similar to the Plaintiff's mark SINGER as a trade mark/part of a trade mark, trade name/part of a trade name and/or in any other manner whatsoever;
(b) An order directing Defendant to render to Plaintiffs an account of profits made by Defendant by trading under the trade name "SINGER AGENCIES" and a decree be passed in favour of the Plaintiffs for the amount thus found due. The plaintiffs be also awarded damages to the tune of Rs. 1,00,000,50/-;
(c) That the Defendant be ordered to voluntarily withdraw/cancel all the trade mark and/or copyright applications filed for any mark similar to the well-known trade mark SINGER Plaintiff's;
(d) The Defendant be ordered and decreed to deliver to the Plaintiffs for destruction all packaging material, advertising and promotional material and other literature, signage, signboards, etc. bearing the mark SINGER and/or the trade name SINGER AGENCIES or any other mark/name deceptively similar/identical to the Plaintiff's trademark SINGER;
(e) Declaration that the trademark SINGER is a well-known trademark;
(f) Cost of suit in favour of the plaintiffs;
(g) Any further order(s) which this Hon'ble Court deems fit and proper in facts and circumstances of the present case."
3. At the outset, learned counsel for plaintiffs gives up prayers (b), (d) and (e) of the prayer clause to the suit. The statement made by learned counsel for plaintiffs is accepted by this Court and plaintiffs are held bound by the same.
4. On 02nd December, 2016, this Court granted an ex parte ad interim injunction in favour of the plaintiffs and against the defendant. The relevant portion of the said order is reproduced hereinbelow:-
"I am satisfied that plaintiffs have prima facie case in their favour. By way of an ad interim ex-parte injunction the defendants, her successors, servants, agents, licensees, franchisees, representatives and assignees are hereby restrained from using the trade mark "SINGER" or any other mark identical/deceptively similar to the Plaintiffs mark "SINGER" as a trade mark, domain name, trade name/trading style, part the trade name/trading style SINGER AGENCIES or in any manner whatsoever till further orders of the case."
5. Though the defendant initially entered appearance, yet after 28th March, 2017, she stopped appearing and did not file any written statement. Accordingly, the defendant was proceeded ex parte vide order dated 25th August, 2017 and the ex parte injunction order was c........