Manmohan, J. - (1.) I.A. 9791/2016 Present application has been filed on behalf of the plaintiff under Order XIIIA of Commercial Courts, Common Division and Commercial Appellate Division of High Courts Act, 2015 praying for a summary judgment on the claim. The prayer clause in the present application is reproduced hereinbelow:- "i. Pass necessary orders and directions thereby issuing the summons for judgment in the suit in terms of Order 13-A C.P.C. ii. Pass judgment on the claim of the plaintiff / in favour of the plaintiff and against the defendants thereby permanently injuncting / restraining the defendants, its servants, retailers, stockiest, distributors, representatives, assignees, centers and agents, from using, copying, imitating the design and name i.e. "MINJET" similar to the trade name of the training of the plaintiff, directly or indirectly advertising the name similar, copied, imitated, having same description, colour, style and designs under no. 232257, similar to the trade name of the plaintiff. iii. Award the cost of the suit in favour of the plaintiff."
(2.) Learned counsel for the defendant nos. 4 to 9 states that the said defendants have been unnecessarily impleaded in the present proceedings as they have neither used the mark MINJET nor intended to use the same in future. He further states that defendants nos. 4 to 9 have no objection if the present suit is decreed in accordance with the prayer (ii) of the present application and for prayer (i) of the plaint.
(3.) It is pertinent to mention that the present suit has been filed for permanent and mandatory injunction, infringement of registered trademark, passing off, unfair competition, design infringement, delivery up, compensation of economic losses / damages and rendition of accounts.;