Delhi High Court - Orders
Havells India Ltd vs Mohit Talwar & Ors on 7 November, 2024
Author: Amit Bansal
Bench: Amit Bansal
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 555/2020 with I.A. 12211/2020, I.A. 3531/2022, I.A.
10236/2022, I.A. 5821/2024
HAVELLS INDIA LTD .....Plaintiff
Through: Mr. Sudeep Chatterjee, Mr. Kunal
Vats and Mr. Joydeep Roy,
Advocates.
versus
MOHIT TALWAR & ORS. .....Defendants
Through: Mr. Aditya Singla, Mr. Ritvik Saha
and Mr. Raghav Bakshi, Advocates
for D-5.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 07.11.2024 I.A. 5821/2024 (under Order XXXIX Rule 4 CPC seeking modification of the order dated 17th December, 2020)
1. This application has been filed on behalf of the defendant No.5/Commissioner of Customs, ACC (Export), New Customs House, New Delhi seeking modification of the interim order passed by this Court on 17th December, 2020.
2. By the aforesaid order, following directions were passed qua the defendant no.5:-
"21. The defendant No.5, Commissioner of Custom shall stop/suspend the clearance/export of the defendants' product bearing the plaintiffs registered designs in QVE series of Distribution Boards as demonstrated in the plaint. They shall also stop/suspend the clearance / export of the defendants' products bearing impugned trademark/ packaging/ logo CS(COMM) 555/2020 Page 1 of 2 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 22/11/2024 at 23:30:27 or any other mark which is nearly identical / deceptively similar to that of the plaintiff's trademark HAVELLS, ."
3. In the aforesaid application, it has been pleaded on behalf of the defendant no.5 that the defendant no.5 would require details such as Importer Exporter Code ('IEC') of the defendants no.1, 2 and 3 in order for the defendant no.5 to ascertain the exports being made on behalf of the aforesaid defendants and to stop the export of goods bearing the impugned marks. It is stated that in the absence of the aforesaid details/information from the plaintiff, it is not practically feasible for the applicant to stop/suspend the export of the infringing products by the defendants.
4. In view of the above, the defendants no.1, 2 and 3 are directed to provide their IEC to the counsel appearing on behalf of the plaintiff.
5. Mr. Sudeep Chatterjee, counsel appearing on behalf of the plaintiff submits that the plaintiff shall provide the IEC of the concerned defendants to the defendant no.5.
6. Upon receipt of IEC of the defendants, the defendant no.5 shall comply with the aforenoted directions passed by this Court on 17th December, 2020.
7. Accordingly, the application stands disposed of. CS(COMM) 555/2020 with I.A. 12211/2020, I.A. 3531/2022 and I.A. 10236/2022
8. List on 25th February, 2025.
AMIT BANSAL, J NOVEMBER 7, 2024/Vivek/-
CS(COMM) 555/2020 Page 2 of 2This 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 22/11/2024 at 23:30:27