Delhi High Court - Orders
Veena Sarwal & Ors vs Sandeep Kohli & Ors on 19 October, 2023
Author: Rekha Palli
Bench: Rekha Palli
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 326/2023
VEENA SARWAL & ORS. ..... Petitioner
Through: Mr. Sandeep Sethi, Sr. Adv. with Ms.
Shreya Sethi, Mr. Sumer Dev Seth, Ms. Riya
Kumar, Advs.
versus
SANDEEP KOHLI & ORS. ..... Respondent
Through: Mr. Samrat Nigam, Ms. Sonal Joshi,
Mr. Amit P., Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 19.10.2023
1. This is a petition under Section 9 of the Arbitration and Conciliation Act (hereinafter referred to as "the Act") seeking the following reliefs:
"(i) Restrain the Respondents from issuing franchises or opening any new restaurants/outlets under the impugned marks "MOTI MAHAL DELUX", or any other marks which are identical/virtually identical and/or deceptively and/or confusingly similar to the Petitioners well-known registered trademarks as mentioned in paragraph nos. 6 and 7 of the present petition.
(ii) Restrain the Respondents from using, advertising, marketing, offering for sale or selling the goods/services under the impugned marks "MOTI MAHAL DELUX", or any other marks which are identical/virtually identical and/or deceptively and/or confusingly similar to the Petitioners' well-known registered trademarks as mentioned in paragraph nos. 6 and 7 of the present 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 20/10/2023 at 23:44:46 petition, which would amount to breach of Clause 2,3 of the Partnership Deed dated 20.06.2008.
(iii) Restrain the Respondents from using, advertising, marketing, offering for sale or selling the goods/services under the impugned marks "MOTI MAHAL DELUX", or any other marks which are identical/virtually identical and/or deceptively and/or confusingly similar to the Petitioners' well-known registered trademarks as mentioned in paragraph nos. 6 & 7 of the present petition, which would amount to breach of Sections 36, 47 & 53 of the Partnership Act, 1932.
(iv) Direct the Respondents to remove references of the impugned marks "MOTI MAHAL DELUX", from its websites www.motimahaldelux.in and www.motimahaldelux.co.in, from thirdpart websites www.eazydiner.com, www.swiggy.com and www.zomato.com and from social media websites www.facebook.com, www.instagram.com and www.twitter.com.
(v) Restrain the Respondents from opening any new websites or profiles on social media websites or third- party websites bearing the impugned marks "MOTI MAHAL DELUX", or any other marks which are identical/virtually identical and/or deceptively and/or confusingly similar to the Petitioners well-known registered trademarks as mentioned in paragraph nos. 6 and 7 of the present petition.
(vi) Award costs of the present petition to the Petitioners;
(vii) Pass any such further Order(s) that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in favour of the Petitioners and against the Respondents herein."
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 20/10/2023 at 23:44:46
2. Taking into account that this Court has today by way of ARB.P. 617/2023 appointed a sole arbitrator for adjudication of disputes which have arisen between the parties in the context of Partnership Deed dated 20.06.2008 which forms the subject matter of the present petition, learned senior counsel for the petitioner submits that the petitioner would be satisfied in case the present petition is disposed of, by granting liberty to the petitioner to seek the relief as sought in the present petition before the learned Arbitrator by way of an application under Section 17 of the Act with a direction to the learned Arbitrator to consider the same expeditiously. Learned counsel for the respondent has no objection to this limited prayer being made by the petitioner.
3. The petition is, accordingly, disposed of by granting liberty to the petitioner to move an appropriate application under Section 17 of the Act seeking interim relief before the learned Arbitrator with a request to the learned Arbitrator to take up the same for consideration expeditiously and preferably within a period of four weeks.
4. It is made clear that since this Court has not expressed any opinion on the merits of the grounds raised in the present petition, it will be open for the petitioner to raise all pleas including the grounds raised in the present petition in it's application under Section 17 of the Act which may be moved before the learned Arbitrator.
REKHA PALLI, J OCTOBER 19, 2023 al 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 20/10/2023 at 23:44:46