Delhi High Court - Orders
Amritsar Rice Land vs Sumit Bansal & Anr on 26 April, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:29.04.2022
13:39:17
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 32/2022 & I.As. 798/2022, 4819/2022, 6338-39/2022
AMRITSAR RICE LAND ..... Plaintiff
Through: Mr. Umesh Mishra, Mr. Satish
Kumar, Mr. Nishant Mahtta and Mr.
Vishal Patel, Advs. (M:9711023307)
versus
SUMIT BANSAL & ANR. ..... Defendants
Through: Mr. Ravinder Kumar Yadav, Ms. Arti
Anupriya, Mr. Kartikey and Mr.
Raghav Anthwal, Advocates.
Mr. Zoheb Hossain, Amicus Curiae.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.04.2022
1. This hearing has been done through hybrid mode. I.A. 6339/2022(for exemption)
2. Allowed, subject to all just exceptions. I.A. 6339/2022 is disposed of. I.A. 6338/2022(for additional documents)
3. This is an application on behalf of the Plaintiff seeking leave to file additional documents.
4. The additional documents are taken on record, subject to any objections of the Defendants. If Defendants wish to file any rebuttal documents, they may do so by next date of hearing.
5. I.A. 6338/2022 is disposed of.
CS(COMM) 32/2022 & I.As. 798/2022, 4819/2022
6. Vide previous order dated 12th April, 2022, an issue had been raised relating to exemption from GST, sought in respect of entities being allowed CS (COMM) 32/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.04.2022 13:39:17 to forego actionable claims and enforceable rights relating to brand names, under Notification No.2/2017-Central Tax (Rate), dated 28th June, 2017, read with Notification No.27/2017-Central Tax (Rate), dated 22nd September, 2017, both issued by the Department of Revenue, Ministry of Finance, Government of India. Accordingly, notice had been issued to Mr. Zoheb Hossain, Senior Standing Counsel for the Revenue Department.
7. Today, Mr. Zoheb Hossain, ld. Sr. Standing Counsel, has appeared and submits that the question as to whether rights in trademarks can be enforceable under the Trademarks Act, 1999 in respect of registered trademarks after giving up the right to file actionable claims qua the same very brands by claiming an exemption from GST is a proposition on which he would be willing to assist the Court. He seeks some time to file written submissions on this issue along with the judgments that he relies upon. Let the written submissions along with any judgments, be filed by 10th July, 2022.
8. Additionally, an affidavit dated 22nd April, 2022, has been filed on behalf of the Defendants by Mr. Virender Singhal, proprietor of M/S Global Rice International, which reads as under:
"I, Virender Singhal aged about 56 Years, S/o Sh Jagannath Singhal proprietor of M/S Global Rice International at 133, Pocket 22, Sector 24, Rohini, New Delhi-110085, do hereby solemnly affirm and declare as under:
1. That the deponent is the Defendant No-1, proprietor of M/S AR Global Rice International in the instant Suit and is well conversant with the facts, as such is competent to depose.
2. That the deponent submits that the local commissioner has prepared an inventory on CS (COMM) 32/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.04.2022 13:39:17 27.01.2022 of Rice weighing 30,000-35,000 Kg.
That the value of this stock is Rs 21,00,000/-
to24,50,000/-"
9. Since the injunction order dated 17th January, 2022 is still continuing and the matter is part-heard, this Court is of the opinion that rice being a perishable product, the quantum of inventory which has been seized by the Local Commissioner and is lying with the Defendants on superdari may be de-sealed and be disposed of in the course of trade by the Defendant.
10. The value of this stock is stated to be between Rs.21,00,000/- to Rs.24,50,000/-. Accordingly, the Defendants shall deposit a sum of Rs.7,50,000/- with the Registrar-General of this Court within a period of two weeks, subject to which the existing stock of 30,000 - 35,000 kgs which was seized by the Local Commissioner is permitted to be disposed of by the Defendants. The said deposit shall be retained in an FDR on auto-renewal mode.
11. The Plaintiff's representative along with one lawyer is permitted to be present at the time when the goods are desealed. The Plaintiff's representatives would travel to the Defendants' premises at M/S. ABCD MARKETING, 23a-2-33/2, Panugantivaru Street, rr Peta Eluru, West Godavari, Andhra Pradesh-534001 on or before 10th May, 2022, for the said purpose. The stock which is going to be desealed shall be exhausted/sold by the Defendant by 15th June, 2022, post which none of these impugned products shall be available in the market.
12. However, it is made clear that there shall be no further manufacture, import or sale under any of the injuncted brands of the Defendants, till further orders of this Court. An undertaking on behalf of the Defendants is CS (COMM) 32/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.04.2022 13:39:17 specifically recorded that apart from the sealed goods which are being desealed, no further manufacture shall be undertaken failing which stringent action would be liable to be taken.
13. List all pending applications for hearing, on 26th July, 2022.
14. This is a part-heard matter.
PRATHIBA M. SINGH, J.
APRIL 26, 2022 dj/ms CS (COMM) 32/2022 Page 4 of 4