Delhi High Court - Orders
Order Xxxix Rules 1 And 2 Read With ... vs Parle Agro Private Limited on 17 September, 2021
Author: Asha Menon
Bench: Asha Menon
$~A-4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 268/2021, I.As.7170/2021 (by the plaintiffs under
Order XXXIX Rules 1 and 2 read with Section 151 CPC seeking
ad interim injunction against the Defendant pending hearing and
final disposal of the Suit), 9591/2021(by the Defendant under
Section 124 (1)(A)(ii) of the Trade Marks Act, 1999, read with
Section 151 of the CPC praying for leave to file a rectification
petition before the Hon'ble Court challenging the validity of the
registration of Plaintiffs' Trade Mark under application No.
2499660 for the trade mark "For the Bold" and frame an issue of
invalidity of the impugned trade mark registration at an appropriate
stage) & 12080/2021 (by the defendant under order VIII Rule 1
CPC (as amended by the Commercial Courts Act 2015) read with
Section 5 of the Limitation Act, 1963 read with Section 151 CPC)
in CS(COMM) 268/2021)
PEPSICO INC. & ANR. ..... Plaintiffs
Through: Mr. Amarjit Singh Chandhiok,
Senior Advocate with Mr. Manish
Jha & Ms. Avni Sharma,
Advocates for plaintiff No.1.
Mr. Sanjeev Puri, Senior Advocate
with Mr. Manish Jha & Ms. Avni
Sharma, Advocates for plaintiff
No.2.
versus
PARLE AGRO PRIVATE LIMITED ..... Defendant
Through: Mr. Sudhir Chandra & Mr.
Chander M. Lall, Senior Advocates
with Mr. Ankur Sangal and Ms.
Imon Roy, Advocates.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
Signature Not Verified
Signed By:MANJEET KAUR CS(COMM) 268/2021 Page 1 of 2
Signing Date:18.09.2021
21:55:41
ORDER
% 17.09.2021 [VIA VIDEO CONFERENCING] I.A. 12080/2021 (by the defendant under order VIII Rule 1 CPC (as amended by the Commercial Courts Act 2015) read with Section 5 of the Limitation Act, 1963 read with Section 151 CPC)
1. This application has been filed by the defendant seeking condonation of delay in filing the written statement on behalf of the defendant.
2. It is submitted by Mr. Sudhir Chandra, learned senior counsel for the defendant, that the written statement has been filed in July, 2021 but it is noticed that the condonation application has been filed only in September, 2021. However, in view of the submissions made, the delay in filing the written statement is condoned.
3. The application stands disposed of. CS(COMM) 268/2021, I.As.7170/2021 & 9591/2021
1. The written statement is taken on record.
2. Replication along with the affidavit of admission/denial of documents filed by the defendant be filed within two weeks, with advance copy to the opposite side.
3. List on 29th November, 2021 alongwith C.O. (COMM.IPD-TM) 5/2021.
4. The order be uploaded on the website forthwith.
ASHA MENON, J SEPTEMBER 17, 2021/ck Signature Not Verified Signed By:MANJEET KAUR CS(COMM) 268/2021 Page 2 of 2 Signing Date:18.09.2021 21:55:41