Delhi High Court - Orders
Organo Gold Holdings, Limited vs Origano Gold Private Limited, Through ... on 12 January, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 584/2022, I.As., 21612/2022 & 571/2023
ORGANO GOLD HOLDINGS, LIMITED ..... Plaintiff
Through: Mr. Saif Khan and Mr. Shobhit
Agarwal, Advocates.
versus
ORIGANO GOLD PRIVATE LIMITED, THROUGH ITS
DIRECTORS & ORS. ..... Defendants
Through: Mr. Ashok Kumar and Mr. Deepak
Kumar, Advocates for D-1 & 2.
Mr. Mrinal Ojha, Mr. Aayush Kevlani
and Ms. Subha Laxmi Sen, Advocates
for D-3.
Ms. Surabhi Pandey and Ms. Ramya
Aggarwal, Advocates for D-4.
Mr. Kuber Mahajan, Advocate for D-
5.
Mr. Nitin Sharma and Ms. Deepika
Pokharia, Advocates for D-6.
Mr. Rohit Agarwal, Advocate for D-
7.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.01.2023 I.A. 417/2023 (on behalf of D-6 for condonation of delay in filing written statement and admission/denial affidavit)
1. Written statement on behalf of Defendant No. 6 though filed belatedly, is still within the overall condonable period of 120 days provided under Order Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.01.2023 17:07:51 VIII Rule 1 of Code of Civil Procedure, 1908 as applicable to commercial suits.
2. The application is disposed of.
I.A. No. 13542/2022 (under Order 39, Rules 1 and 2 r/w Sec. 151 of CPC)
3. Mr. Ashok Kumar, counsel for main contesting Defendants No. 1 and 2, on instructions, submit that said Defendants do not intend to use the impugned trademarks "ORGANO", "ORGANO GOLD", , , and , but shall continue using the mark "ORIGANO GOLD"/ .
4. In view of the statement made by Mr. Kumar and the fact that Defendants No. 1 and 2 are not contesting Plaintiff's proprietary rights over the mark "ORGANO GOLD" and , the ex-parte ad-interim orders passed in I.A. 13542/2022 on 26th August, 2022 are made absolute insofar as marks "ORGANO", "ORGANO GOLD", , , and are concerned. The same shall continue till the pendency of the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.01.2023 17:07:51 present suit.
5. With the above directions, the application is disposed of.
CS(COMM) 584/2022
6. Counsel for Defendant No. 6 - eBay Singapore Services Pte Ltd. states that said company has been erroneously impleaded as it does not operate the e-commerce platform eBay.com; eBay.com is operated by the group company eBay INC. Counsel for Defendants No. 3, 4, 5 and 7 also seek deletion from array of parties stating that directions passed by the Court have been complied with. Said request(s) shall be considered on the next date of hearing.
7. Mr. Kumar further states that Defendants No. 1 and 2 are agreeable to resolving the matter through mediation, to which suggestion, Mr. Saif Khan, counsel for Plaintiff, has no objection.
8. Accordingly, Plaintiff and Defendant Nos. 1 and 2 are referred to Delhi High Court Mediation and Conciliation Centre where they shall appear on 19th January, 2023.
9. The Mediation Centre is requested to appoint Mr. Rajiv Virmani, Senior Advocate, as a Mediator.
10. List before the Court on 29th May, 2023.
SANJEEV NARULA, J JANUARY 12, 2023 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:19.01.2023 17:07:51