Delhi High Court - Orders
Anchor Health And Beauty Care Pvt. Ltd vs V. Kaushik & Ors on 17 September, 2024
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1056/2016
ANCHOR HEALTH AND BEAUTY CARE PVT. LTD.
.....Plaintiff
Through: Mr. Kunal Vats and Ms. Tanya
Arora, Advocates
versus
V. KAUSHIK & ORS. .....Defendants
Through: Mr. Achuthan Sreekumar, Mr.
Rohil Bansal Advocates
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 17.09.2024 I.A. 39593/2024-by D-3 & 4 for taking on record the documents missing from the record of this Court
1. By virtue of the present application, the defendant nos.3 and 4 seek to take on record the office copies of the three missing documents mentioned at paragraph 11 of the instant application re-filed in the present proceedings by the defendant/ Colgate vide diary no. 175292/2011 on 29.11.2011, which are not traceable from the records of this Court.
2. Learned counsel for the plaintiff submits that she has no objection if the present application is allowed and the three documents mentioned hereinabove are taken on record.
3. For the reasons stated as also in view of the no objection of the learned counsel for plaintiff and since the counter affidavit filed by the plaintiff before the Madras High Court (document no.1) is pertaining to 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 19/09/2024 at 10:36:02 the plaintiff itself and the extract from the internet showing use of expression "All Around Protection" and its variants in oral care products (document no.2) and the story of the defendants/ Colgate's advertisement corresponding to their story board of the commercial for "All Around Cavity Protection" (document no.3) are both public documents, this Court does not see any impediment in allowing the present application and taken them on record.
4. In view thereof, the plaintiff is given one week to file the electronic record of document no.3 by way of an encrypted CD/ DVD/ Medium with a hash value in a non-edited form before the Registry let in terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules 2018. The same, shall then form a part of the record of the present suit by way of an electronic folder in such a manner that it can be opened to view by this Court as and when required.
5. Needless to say, let the hash value be kept separately by the Registry on the file.
6. As such, the abovementioned documents are taken on record.
7. Accordingly, the present application is allowed and disposed of with the aforesaid direction.
CS(COMM) 1056/2016
8. List the matter for admission/ denial of the aforesaid documents before the Joint Registrar on 16.10.2024, the date already fixed.
SAURABH BANERJEE, J SEPTEMBER 17, 2024/So 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 19/09/2024 at 10:36:02