Delhi High Court - Orders
Institute Of Directors vs Worlddevcorp Technology And Business ... on 1 September, 2023
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 611/2023 & I.A. 16738/2023, I.A. 16739/2023,
I.A. 16740/2023, I.A. 16741/2023
INSTITUTE OF DIRECTORS ..... Plaintiff
Through: Mr. Dinesh Jotwani, Ms.
Manisha Chauhan, Mr. Harpreet Oberoi, Ms.
Shivalika Midha, Mr. Sarabjeet Singh and
Mr. Harsh Kumar, Advs.
versus
WORLDDEVCORP TECHNOLOGY AND BUSINESS
SOLUTIONS PVT. LTD. & ORS. ..... Defendants
Through: None
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 01.09.2023
CS(COMM) 611/2023
1. The plaintiff is admittedly an Institute of Directors, which has obtained registrations of the mark INSTITUTE OF DIRECTORS as a word mark. It also has device mark registration of the device marks , , , and . However, the device marks are not of particular relevance in the present case, as the grievance of the plaintiff is with the use, by the defendant, of the mark "Directors Institute", to provide comprehensive training and ESG CS(COMM) 611/2023 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 16/09/2023 at 15:31:17 (Environmental, Social and Governance) practices.
2. The plaint makes out a case for consideration.
3. Let the plaint be registered as a suit.
4. Issue summons. Summons be served on the defendants by all modes, including e-mail.
5. 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 defendants within 30 days thereof.
6. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 2 November 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
I.A. 16738/2023 (under Order XXXIX Rules 1 and 2 of the CPC)
7. 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.
8. As the mark in question is in use by the defendants, following the principles enunciated in para 9 of the Wander Ltd. v. Antox India CS(COMM) 611/2023 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 16/09/2023 at 15:31:17 P. Ltd. 1 and para 8 of a recent decision of the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.2, the defendants would be entitled to an opportunity to respond to the application before any injunctive orders are passed.
9. As such, issue notice on this application.
10. Notice be served on the defendants by all modes including e- mail.
11. The Registry is also directed to telephonically intimate the defendants of the order passed today and to place a report in that regard on record.
12. Let a reply, if any, be filed positively within two weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto on or before 24 September 2023.
13. No extension of time for filing of reply/rejoinder shall be granted.
14. The application would be taken up for hearing and disposal on the next date of hearing in preference to any part-heard matters and any other matters listed for disposal at the end of the Board.
15. List for hearing and disposal of this application on 26 September 2023.
1 1990 Supp SCC 727 2 Order dated 21 August 2023 passed in FAO(OS) (COMM) 171/2023 CS(COMM) 611/2023 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 16/09/2023 at 15:31:17 I.A. 16739/2023 (Under Order XI Rule 1(4) of CPC)
16. By this application, the plaintiff seeks permission to file additional documents.
17. 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.
I.A. 16740/2023 (Under Section 12A of the Commercial Courts Act, 2015)
18. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd3, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
19. The application stands allowed accordingly.
I.A. 16741/2023 (Exemption)
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 1, 2023 dsn 3 2022 SCC OnLine Del 3529 CS(COMM) 611/2023 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 16/09/2023 at 15:31:17