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Delhi High Court - Orders

Ab Skf & Anr vs M/S Osaka International Inc. & Ors on 14 August, 2024

                                    $~19
                                    *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +        CS(COMM) 197/2024
                                             AB SKF & ANR.                        .....Plaintiffs
                                                           Through: Mr. Saif Khan, Mr. Snobhit
                                                                      Agarwal, Mr. Karan Bhutani, Ms.
                                                                      Meghana Kudligi and Mr. Prajjwal
                                                                      Kushwaha, Advocates
                                                           versus
                                             M/S OSAKA INTERNATIONAL INC. & ORS. .....Defendants
                                                           Through: Mr. Kumar Shashank, Advocate for
                                                                      D-1 to 6
                                                                      Mr. Sumit Goel, Ms. Sreeparna
                                                                      Basak, Ms. Apurba Pattanayak and
                                                                      Ms. Aditi, Advocate for D- 9
                                                                      Mr. Atul Tripathi SSC and Mr. V K
                                                                      Attri, Advocates for D-10
                                                                      Mr. Mrinal Ojha, Mr. Debarshi
                                                                      Dutta, Mr. Arjun Mookerjee and
                                                                      Mr. Rishabh Agarwal, Advocates
                                                                      for D-12
                                                                      Mr. Nirupam Lodha, Mr. Kshitij
                                                                      Parashar and Ms. Vanshika
                                                                      Thapliyal, Advocate for D-13
                                             CORAM:
                                             HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                           ORDER

% 14.08.2024 I.A. 10993/2024-O-39, R-2A

1. Learned counsel appearing for the contemnor/ defendant no.5 submits that affidavit in compliance of order dated 15.05.2024 has already been filed, however, the same is not on record. Let the same be brought on record, subject to removal of the objections, if any.

2. Renotify on 05.11.2024.

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 17/08/2024 at 08:16:59 I.A. 34452/2024-O-39,R-2A

3. By virtue of the present application, the plaintiffs seek appropriate action against all the contemnor nos. 1 to 6/ defendant nos. 1 to 6.

4. Learned counsel appearing for the plaintiff submits that the said contemnors have blatantly violated the order of injunction dated 05.03.2024 as also the subsequent order dated 15.05.2024 since they have been found engaging in selling the impugned products despite appearing before this Court.

5. Learned counsel appearing for the contemnors seeks, and is granted four weeks for filing reply. Rejoinder thereto, if any, be filed within a period of two weeks.

6. Since the acts of violation are clearly evident from the documents on record as filed by the plaintiff, it is directed for the contemnor nos. 1, 3 and 5 to be present in Court on the next date of hearing.

7. Renotify on 05.11.2024.

CS(COMM) 197/2024, I.A. 5268/2024-Stay, I.A. 5273/2024-Exp from pre litigation mediation., I.A. 10648/2024-O-1,R-10, I.A. 10994/2024- Addl.doc, I.A. 11034/2024-Stay, I.A. 34453/2024-Addl. doc., I.A. 36118/2024-by D-12 for delay of 51 days in filing reply to stay application

8. Renotify on 05.11.2024.

SAURABH BANERJEE, J AUGUST 14, 2024/akr 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 17/08/2024 at 08:16:59