Delhi High Court - Orders
Emaar India Limited vs Srg Marbella Developers And Promoters ... on 4 March, 2024
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 105/2024 & I.A. 5173/2024
EMAAR INDIA LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Mr. Dhruv Anand,
Ms. Udita Patro, Ms. Sampurnaa
Sanyal, Ms. Nimrat Singh and Mr.
Dhananjay Khanna, Advs.
versus
SRG MARBELLA DEVELOPERS AND PROMOTERS LLP &
ANR. ..... Defendants
Through: Mr. Amit Sibal, Sr. Adv. with Mr.
Kaushal Jeet Kait, Mr. I. Singh, Mr.
Daksh Gupta, Mr. Gaurav Dua, Mr.
Jatin Yadav and Mr. Kritagya Kumar
Kait, Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 04.03.2024 I.A. 5173/2024
1. This application has been filed under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 seeking vacation of the ex parte ad interim injunction granted by this Court on 02nd February, 2024.
2. Issue notice. Notice is accepted by Mr. Dhruv Anand, Counsel for plaintiff who shall file a response within next three weeks with copies to the opposing side who shall file a response thereafter, before the next date of hearing.
3. Mr. Amit Sibal, Senior Counsel for defendants has pointed out that aside from defendants' real estate project at Sector-82, Mohali which had 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 15/03/2024 at 22:11:22 been excepted out by this Court in para 10(a) of the order dated 02nd February, 2024, there were three other projects, namely, "Marbella Twin Towers", "Marbella Royce" and "Marbella Curo One" which are underway in Mohali. He prays that the same exception as regards Sector-82 project be extended to them on the ground that they were already existing projects.
4. It is clarified that till next date of hearing, the said exception from the restraint order will extend to these three projects as well. However, it is clarified that no new project will be launched by defendants under the name 'MARBELLA' till the next date of hearing.
5. Mr. Dhruv Anand, Counsel for plaintiff has pointed out to the continuing presence of plaintiff's mark 'MARBELLA' as part of their domain name 'srgmarbellagrand.com'. The printout of the website, as of date, has been handed up in Court. It has also been verified that the said website is indeed active showing the device mark 'MARBELLA GRAND'.
6. Defendants, Mr. Deepak Garg and Mr. Rajesh Walia, are present in Court today and undertake that they will take steps in compliance of order dated 02nd February, 2024.
7. List on 20th March, 2024, the date already fixed.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 4, 2024/MK/na 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 15/03/2024 at 22:11:22