Delhi High Court - Orders
Mountain Valley Springs India Private ... vs Baby Forest Ayurveda Private Limited ... on 1 November, 2023
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 523/2023
MOUNTAIN VALLEY SPRINGS
INDIA PRIVATE LIMITED ..... Plaintiff
Through: Mr. Chander Lall, Sr. Advocate
along-with Ms. Swathi Sukumar, Mr.
Essenese Obhan, Ms. Yogita Rathore, Ms.
Ayesha Guhathakurta, Mr. Ritik
Raghuwanshi, Mr. Pratyush Rao and Mr.
Naveen Nagarjuna, Advocates
versus
BABY FOREST AYURVEDA PRIVATE LIMITED
(FORMERLY KNOWN AS M/S LANDSMILL
HEALTHCARE PRIVATE LIMITED) & ORS ..... Defendants
Through: Mr. Jayant Mehta, Sr. Advocate
with Mr. Sudeep Chatterjee, Mr. Rohan
Swarup, Ms. Tanya Arora and Mr. PDV
Srikar, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 01.11.2023 I.A. 21648/2023 (Order XXXIX Rules 1 and 2 of the CPC)
1. The prayer clause in this application reads thus:
"15. In light of the facts and circumstances stated above, it is most humbly prayed that this Hon'ble Court may be pleased to pass an order:
a. For an ad-interim temporary injunction restraining the Defendants including but not limited to Defendant No. 1's directors, agents, sister concerns, servants, representatives and all other persons acting on behalf of the Defendants, from directly or indirectly offering for sale their goods under the Infringing Marks and/or any CS(COMM) 523/2023 Page 1 of 3 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 03/11/2023 at 23:56:39 other mark which is deceptively similar to the Plaintiff's Marks, from any physical store in the country and/or globally;
b. To direct the Defendants to maintain status quo during the course of the present proceedings; and c. Any further orders that this Hon'ble Court may deem fit and proper in the interest of justice."
2. For an interim injunction in more or less the same terms, IA 14373/2023 is already pending before this Court. Mr. Lall submits that the prayer he is seeking only with respect to the mark "BABY FOREST". The order dated 4 August 2023, passed by this Court in IA 14373/2023 does not grant any injunction in respect of the mark "BABY FOREST". The application seeking injunction of use of the mark "BABY FOREST" is, in fact, coming up before this Court on 5 December 2023.
3. In that view of the matter, no ad interim order granting the prayer in this application can be passed at this stage.
4. Issue notice. Notice is accepted on behalf of the defendants by Mr. Sudeep Chatterjee.
5. Reply, if any, positively be filed within a period of three weeks with advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, before the next date of hearing.
6. Renotify on 5 December 2023.
I.A. 21649/2023 (Section 151 of the CPC) CS(COMM) 523/2023 Page 2 of 3 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 03/11/2023 at 23:56:39
7. This is an application to place on record certain redacted documents. Subject to the unredacted documents being produced should the need arise, redacted documents are permitted to be placed on record at this stage.
8. The application is allowed.
C.HARI SHANKAR, J NOVEMBER 1, 2023 rb Click here to check corrigendum, if any CS(COMM) 523/2023 Page 3 of 3 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 03/11/2023 at 23:56:40