Delhi High Court - Orders
Amit Agarwal vs Oci Cables India on 29 July, 2024
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 504/2024 & I.A. Nos. 31335/2024, 31336/2024 &
31337/2024
AMIT AGARWAL .....Plaintiff
Through: Mr. Satish Kumar with Mr. Umesh
Mishra and Mr. Amit Kumar,
Advocates.
(M): 8510062334
Email: [email protected]
versus
OCI CABLES INDIA .....Defendant
Through: Mr. Padmesh Mishra with Mr. Astik
Gupta, Mr. Varun Garg, Ms. Vastvikta
Bhardwaj, Mr. Nikunj Goyal and Mr.
Shivam Shukla, Advocates.
(M): 8909988090
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 29.07.2024 I.A. 31337/2024 (Exemption from filing Pre-Institution Mediation)
1. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking exemption from undergoing Pre-Institution Mediation.
2. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D. Signature Not Verified Digitally Signed CS(COMM) 504/2024 Page 1 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 16:37:26 Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.
3. Accordingly, the application stands disposed of. I.A. 31336/2024 (Appointment of Local Commissioner)
4. The present is an application on behalf of the plaintiff under Order XXVI Rule 9 read with Order XXXIX Rule 7 read with Section 151 CPC for appointment of a Local Commissioner.
5. Since, learned counsel appearing for defendant has put in appearance, learned counsel appearing for the plaintiff submits that for the time being, he does not press the present application.
6. Accordingly, the present application is disposed of. CS(COMM) 504/2024
7. The present is a suit for permanent injunction restraining infringement and passing off of trademark/trade name, damages, rendition of account, delivery up etc.
8. It is the case of the plaintiff that the trademark 'ORBIT' has been assigned to the plaintiff vide Assignment Deed dated 13th November, 2017 in respect of the various registered trademarks as under:-
Signature Not Verified Digitally Signed CS(COMM) 504/2024 Page 2 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 16:37:269. It is submitted that despite the aforesaid, the defendant, who is proprietorship/partnership firm, whose founder is Mr. Lokesh Tayal, former partner of M/s ADL Orbit Cable (India), is engaged in manufacturing, marketing and sale of goods falling in Class 9, 6 and 42 under similar trademark ORBIT and trade name M/s ADL Orbit Cable (India). Thus, the present suit has been filed.
10. Let the plaint be registered as suit.
11. Issue summons.
12. Summons is accepted by learned counsel appearing for the defendant.
13. Learned counsel appearing for the defendant disputes the aforesaid submissions, made by learned counsel for the plaintiff.
14. Let the written statement be filed by the defendant within thirty days from today. Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statement shall not be taken on record.
15. Liberty is given to the plaintiff to file replication within thirty days Signature Not Verified Digitally Signed CS(COMM) 504/2024 Page 3 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 16:37:26 from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendant, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
16. List before the Joint Registrar (Judicial) for marking of exhibits, on 10th September, 2024.
17. List before the Court, on 01st October, 2024.
18. At this stage, learned counsels appearing for the parties submit that they have no objection if they are referred to mediation.
19. With the consent of the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre, to be listed before a Senior Mediator, on 07th August, 2024.
20. A copy of this order be sent to Delhi High Court Mediation and Conciliation Centre, forthwith.
MINI PUSHKARNA, J JULY 29, 2024 c Signature Not Verified Digitally Signed CS(COMM) 504/2024 Page 4 of 4 By:AMAN UNIYAL Signing Date:01.08.2024 16:37:26