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Order Xxxix Rule 1 And 2 Read With Section ... vs Parle Agro Private Limited on 31 August, 2021

Author: Asha Menon

Bench: Asha Menon

                          $~A-1

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     CS (COMM) 268/2021, I.A.s. 7170/2021 (by the plaintiff under
                                Order XXXIX Rule 1 and 2 read with Section 151 CPC seeking
                                ad-interim injunction), 9587/2021 (Exemption), 9591/2021 (by the
                                defendant under Section 124 (1) (a) (ii) of the Trade Marks Act,
                                1999 read with Section 151 CPC for granting leave to the
                                defendant to file a rectification petition) & 9592/2021 (Exemption
                                from filing notarized affidavits)
                                PEPSICO INC. & ANR.                               .....Plaintiffs

                                                   Through:     Mr. Manish K. Jha & Ms. Shruti
                                                                Dass, Advocates.
                                                   versus

                                PARLE AGRO PRIVATE LIMITED                        .....Defendant

                                                   Through:     Mr. Sudhir Chandra and Mr.
                                                                Chander M. Lall, Sr. Advocates
                                                                with Mr Ankur Sangal, Ms. Pragya
                                                                Mishra, Ms. Imon Roy, Advocates
                                CORAM:
                                HON'BLE MS. JUSTICE ASHA MENON
                                                ORDER

% 31.08.2021 [VIA VIDEO CONFERENCING] I.A.s 9587/2021 and 9592/2021 (exemptions from filing notarized affidavits)

1. Allowed, subject to all just exceptions

2. The applications stand disposed of.

CS(COMM) 268/2021, I.A.s. 7170/2021 (by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 CPC seeking ad-interim injunction) and 9591/2021 (by the defendant under Section 124 (1) (a)

(ii) of the Trade Marks Act, 1999 read with Section 151 CPC for granting leave to the defendant to file a rectification petition)

1. Reply has been filed by the plaintiff to the application I.A. 9591/2021.

2. Mr. Sudhir Chandra, learned senior counsel appearing for the defendant, seeks time to file rejoinder thereto.

3. Rejoinder be filed within two weeks, with advance copy to the opposite side.

4. List both the applications i.e., I.A. Nos. 9591/2021 and 7170/2021 on 17th September, 2021.

5. The order be uploaded on the website forthwith.

ASHA MENON, J AUGUST 31, 2021 ck Signature Not Verified Signed By:MANJEET KAUR CS (COMM) 268/2021 Page 2 of 2 Signing Date:31.08.2021 21:53:54