IN THE COURT XXX; LD. D.J (COMM) DIST.  CENTRAL; TIS HAZARI COURT, DELHI.

CS (COMM) NO. XXX OF 2019.

IN THE MATTER OF:-

XXX         : PLAINTIFF

VERSUS

XXX         : DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT OF THE DEFENDANT (DW1)

Affidavit of XXX, aged about XX years S/o XX  R/o XXX, presently at XXX.

I, the above named deponent do hereby solemnly affirm and declare as under:

1.           That the deponent is Defendant in the above noted suit and is competent to swear the present affidavit; hence he is competent to swear this affidavit.

2.           I state that the deponent has no concern with the unauthorised or otherwise use of the marks stated by the plaintiff in the suit at all. The deponent at no point of time ever manufactured or distributed or sold at all the articles or the goods as alleged in the plaint. The deponent has been dragged in the judicial proceedings falsely, without any cause of action, whatsoever and thus the deponent reserves his right to have recourse to remedies as per law including the filing of counter claim as per law.

3.           I further state that the use of the trade mark either identical with or deceptively similar to the trade mark CENTURY by a person other than the Plaintiff will give rise to misunderstanding, which may also lead to confusion and deception amongst the purchasing public and the trade that such products are connected with the Plaintiff. The unwary consumers / customers can well misrepresented and cheated with the use of the word “CENTURY” and the product of the inferior quality can be passed off as the Plaintiff’s products. That the Plaintiff submits the trademark CENTURY has come to be recognized and associated exclusively with the Plaintiff and no one else. Since the deponent has not done anything concerned with the mark or trade of the plaintiff.

4.           I state further that the plaintiff has not filed any single documents before this Hon’ble Court in respect of the trade mark infringement articles / goods of the subject suit were found to be ever manufactured or distributed or sold at all by the Deponent. I further state that the plaintiff failed to establish and prove his case against the deponent and the documents filed by the plaintiff which cannot be proved to show that the Deponent were manufactured / distributed / sold of the trade mark goods / articles of the plaintiff.

5.           It is further state that onus always on the plaintiff to prove his case and documents relied upon filed in the present suit.

6.           I hereby state that whatever is stated hereinabove is true to the best of my knowledge.

DEPONENT

VERIFICATION:-

Verified at Delhi on    day of May, 2022 that the contents of my evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT