Delhi High Court - Orders
Jaquar And Company Private Limited vs Ashirvad Pipes Private Limited on 25 September, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 670/2023, I.A. 18638/2023, I.A. 18639/2023, I.A.
18640/2023 & I.A. 18641/2023
JAQUAR AND COMPANY PRIVATE LIMITED
..... Plaintiff
Through: Mr. Kapil Wadhwa and Ms.
Surya Rajappan, Advs.
versus
ASHIRVAD PIPES PRIVATE LIMITED ..... Defendant
Through: None
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 25.09.2023
(Through Video-Conferencing)
CS(COMM) 670/2023
1. The plaintiff is engaged in the manufacture of sanitary-ware, faucets, ceramics, bath & lightings products under the brands "ARTIZE" AND "TIAARA".
2. The plaintiff is aggrieved by the adoption and use by the defendant of the marks "ARTISTRY"/ / / / "TIARA" which, according to the plaintiff, are confusingly similar to the marks used by the plaintiff.
3. I have heard Mr. Kapil Wadhwa, learned Counsel for the CS(COMM) 670/2023 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:49:09 plaintiff who submits, with considerable emphasis, that the defendants are acting dishonestly.
4. Though a prima facie case worthy of consideration is made out on the facts and submissions advanced by Mr. Wadhwa, in view of the para 8 of the order passed by the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.1, as the defendant is already in the market, and this case cannot be said so exceptional as to justify a departure from what the Division Bench has said, the defendant would be entitled to one opportunity to respond before any orders are passed on the application for interim injunction.
5. As such, let the plaint be registered as a suit.
6. Issue summons in the suit.
7. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within 30 days thereof.
8. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 28 November 2023, whereafter the matter would be placed before the Court for case management hearing and further 1 Order dated 21 August 2023 in FAO(OS) (COMM) 171/2023 CS(COMM) 670/2023 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:49:09 proceedings.
I.A. 18638/2023 [under Order XXXIX Rules 1 & 2, CPC]
9. This is an application by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interlocutory injunctive reliefs.
10. Issue notice, returnable on 19 October 2023.
11. Notice be served on the defendant by all modes.
12. Reply, if any, be filed within two weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto within one week thereof.
13. Re-notify for hearing and disposal of this application on 19 October 2023.
14. No extension of time shall be granted for filing reply or rejoinder. The matter would be taken up on the next date of hearing for hearing and disposal of the application in preference to all other matters which are for final hearing including part heard matters on the next date of hearing.
I.A. 18639/2023 [under Section 12A of the Commercial Courts Act, 2015]
15. In view of the judgment of the Division Bench of this Court in CS(COMM) 670/2023 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:49:10 Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd2, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
16. The application stands allowed accordingly.
I.A. 18640/2023 [under Order XI Rule 1(4) of the CPC]
17. By this application, the plaintiff seeks permission to file additional documents.
18. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within 30 days from today.
19. The application stands disposed of accordingly.
I.A. 18641/2023 [under Section 151 of the CPC]
20. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.
21. The application is disposed of.
C.HARI SHANKAR, J SEPTEMBER 25, 2023/ar 2 2022 SCC OnLine Del 3529 CS(COMM) 670/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:49:10