Delhi High Court - Orders
Elder Projects Ltd. & Anr vs Elder Pharmacia Llp & Ors on 28 January, 2019
Author: J.R. Midha
Bench: J.R. Midha
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1313/2018 & I.A.17710/2018, 17711/2018, 827/2019,
828/2019
ELDER PROJECTS LTD. & ANR. ..... Plaintiffs
Through Mr.Hemant Singh, Mr.Sumit Rajput,
Mr.Vipul tiwari, Ms.Vaishali Tanwar,
Advocates.
versus
ELDER PHARMACIA LLP & ORS. ..... Defendants
Through Mr.Rupin Bahl, Dr. A.K.Singh,
Advocates for defendant No.1
Mr.Himanshu Pal Singh, Advocate
for defendant No.3
Mr.Amit Sibal, Senior Advocate with
Mr.Anil Dutt, Mr.Aditya Kaushik,
Mr.Saksham Garg, Advocates
defendants No.4.
Mr.K.P. Toms, Mr.Anil S. Bist,
Advocates for defendant No.5
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 28.01.2019
1. Mr.Amit Sibal, learned counsel for defendant No.4 submits that the plaintiff has joined the defendants against whom the plaintiff has separate causes of action. It is further submitted that the joining of the causes of action shall prejudice the defendants as well as cause delay in the trial. It is further submitted that the plaintiff's suit for infringement of the trade mark is not maintainable.
2. Learned counsel for the plaintiff submits on instructions that the plaintiff does not press the claim of infringement of trade mark and restricts this suit only to the passing off by the defendants. With respect to the joining of causes of action, it is submitted that the plaintiff is entitled to join the defendants. However, without prejudice, the plaintiff seeks permission to restrict this suit only against defendants No.1 and 5 and the plaintiff seeks permission to file a separate suit against defendants No.2, 3 and 4.
3. On the oral prayer of learned counsel for the plaintiff, the plaintiffs' suit against defendants No.2, 3 and 4 is dismissed as withdrawn with liberty to the plaintiff to file separate suits against defendants No.2, 3 and 4. With respect to defendants No.1 and 5, the plaintiff has given up the claim in respect of infringement of trade mark and the suit shall continue in respect of other prayers.
4. This order is without prejudice to the rights and contentions of all the parties.
5. Let the amended plaint be filed by the plaintiff within a period of one week from today with advance copy to defendants No.1 and 5 who shall file their written statement, documents and affidavit of admission/denial of the plaintiffs' documents within 30 days from the date of receipt of the copy of the amended plaint. Replication and affidavit of admission/denial of the defendants' document be filed by the plaintiff within ten days of the receipt of the copy of the written statement from the defendants.
6. Issue Court notice to the official liquidator attached to Bombay High Court with respect to the liquidation proceedings against M/s. Elder Pharmaceuticals Ltd, returnable on 26th February, 2019.
7. List the pending applications for hearing on 26th February, 2019. The pleadings in the pending applications be completed within four weeks.
8. List for completion of pleadings before the Joint Registrar on 09th April, 2019.
9. Interim order to continue till 26th February, 2019 against defendants No.1 and 5. With respect to defendants No.2, 3 and 4, the interim order to continue for a period of ten days from today.
10. Learned senior counsel for defendant No.4 seeks clarification whether the interim order dated 21st December, 2018 is against defendant No.4's corporate name. It is clarified that para 5 of the interim order dated 21st December, 2018 is not with respect to their corporate name.
11. Both the parties are directed to file brief note of submissions not exceeding three pages along with copies of relevant pages of relevant documents already on record and judgments on which they wish to rely, with relevant portion duly highlighted for the convenience of this Court before 26th February, 2019.
12. I.A.1182/2019 is disposed of.
13. Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.
J.R. MIDHA, J.
JANUARY 28, 2019 dk