Delhi High Court
Nestle India Limited vs Moods Hospitality Private Limited on 21 July, 2008
Author: Ajit Prakash Shah
Bench: Chief Justice, S.Muralidhar
* HIGH COURT OF DELHI AT NEW DELHI
+ FAO (OS) 279/2008
NESTLE INDIA LIMITED ..... Appellant
Through Mr.Hemant Singh with Ms.Mamta
Rani Jha, Advocates
versus
MOODS HOSPITALITY PRIVATE LIMITED ...... Respondent
Through Mr.Neeraj K. Kaul, Sr.Advocate with Mr.Naveen Kumar, Mr.Ashish Wad and Mr.Suchinto Chatterjee, Advocates CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE S.MURALIDHAR
1. Whether reporters of the local papers be allowed to see the judgment ?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported in the Digest ?
% ORDER
21.07.2008
After hearing the matter at length, learned counsel
appearing for the parties made a joint request that the order of the learned single Judge dated 30th May, 2008 granting temporary injunction as well as the order dated 9th June, 2008 passed by the learned Vacation Bench staying the temporary injunction granted by the learned single Judge be set aside and the learned single Judge be requested to decide the IA itself i.e. IA No.7040/2008, expeditiously. While staying the temporary injunction granted by the learned single Judge, the learned Vacation Bench had observed that that learned single Judge should have given an opportunity to the appellant to file reply to the injunction application before reaching the conclusion that the appellant had not been able to explain as to how it came to use the expression "Yo!" on its packaging.
Accordingly by consent of the parties, the order dated 30th May, 2008 and the order dated 9th June, 2008 stand set aside. The learned single Judge is requested to decide IA No.7040/2008 expeditiously, preferably within a period of four months from today. The appellant shall file their reply within four weeks. Rejoinder, if any, may be filed within two weeks thereafter. It is made clear that this Court has not expressed any opinion on merits of the case and all contentions that are raised in this appeal are left open to be raised before the learned single Judge.
The appeal and the pending applications stand disposed of accordingly.
CHIEF JUSTICE
S.MURALIDHAR
JULY 21, 2008 (JUDGE)
"v"