Delhi High Court - Orders
M/S Kg Marketing India vs Ms. Rashi Santosh Soni & Anr on 22 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~23 to 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 18/2023, CRL.M.A. 18432/2023 & I.A. 1733/2023
M/S KG MARKETING INDIA ..... Plaintiff
Through: Mr. Dushyant K. Mahant, Mr.
Deepak Dhyani (along with Party in
Person) & Mr. Karan Kumar, Advs.
(M. 9811723901)
versus
MS. RASHI SANTOSH SONI & ANR. ..... Defendants
Through: Mr. Alankar Kirpekar and Mr. Jaspeet
Singh Kapur, Advs. (M: 9650145159)
24 WITH
+ CS(COMM) 477/2023, I.As. 12949/2023 & 15516/2023
RASHI SANTOSH SONI & ANR. ..... Plaintiffs
Through: Mr. Alankar Kirpekar and Mr. Jaspeet
Singh Kapur, Advs.
versus
K G MARKETING INDIA ..... Defendant
Through: Mr. Dushyant K. Mahant, Mr.
Deepak Dhyani (along with Party in
Person) & Mr. Karan Kumar, Advs.
25 AND
+ CS(COMM) 749/2023 & I.A. 20740/2023
SURYA ROSHNI LIMITED ..... Plaintiff
Through: Mr Sachin Gupta, Ms Gaurangi
Sharma, Ms. Prashansa Singh, Mr
Rohit Pradhan, Advs. (M:
8757182705)
versus
MRS RASHI SANTOSH SONI & ANR. ..... Defendants
Through: Mr. Alankar Kirpekar and Mr. Jaspeet
Singh Kapur, Advs.
CS(COMM) 18/2023 & connected Page 1 of 6
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 25/11/2023 at 00:09:35
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.11.2023
1. This hearing has been done through hybrid mode.
2. The present batch of suits relate to the label/device mark 'SURYA GOLD'. A detailed chart of the three suits filed inter-se between the parties is as follows:
Suit No. Plaintiff(s) Defendant(s) Impugned Marks CS (Comm) M/s K G Ms. Rashi 18/2023 Marketing India Santosh Soni & Mr. Santosh Soni CS(Comm) Ms. Rashi M/s K G 477/2023 Santosh Soni & Marketing India Mr. Santosh Soni CS(COMM) 18/2023 & connected Page 2 of 6 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 25/11/2023 at 00:09:35 CS(Comm)7 Surya Roshni Ms. Rashi 49/2023 Ltd. Santosh Soni & Mr. Santosh Soni
3. In CS (Comm) 18/2023, vide order dated 18th July 2023, this Court recorded the statement of the Plaintiff-Mr. Karan Kumar, and found that the Plaintiff's claim of advertising in 2016 and 2017 was entirely false. The Court directed as follows:
"3. The original and certified copies of the said newspapers dated 17th June, 2016 and 12th July, 2017 show that the Plaintiff's advertisement has been superimposed on the original newspaper. Thus, the advertisements are tampered and forged.
4. Prima facie, after recording the statement of the Plaintiff, the Court is convinced that the Plaintiff is prima facie guilty of contempt and of various other illegal acts of having filed forged and tampered documents in the Court which also constitute penal offences.
5. Accordingly, notice to show cause is being issued as to why the Plaintiff ought not be punished in accordance with law. Let reply to this show cause notice be filed within two weeks. Rejoinder thereto be filed within two weeks thereafter.
6. At this stage, the Court is not inclined to permit the Plaintiff to withdraw the present suit as the Plaintiff has obtained an ex-parte injunction on the basis of forged documents which this court is not inclined to condone or overlook as is being sought by the Plaintiff.
7. Let the original and certified copies of the newspapers be placed on record."CS(COMM) 18/2023 & connected Page 3 of 6
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 25/11/2023 at 00:09:36
4. Thereafter, vide order dated 19th July 2023 in CS(Comm) 477/2023 and order dated 18th October 2023 in CS(Comm)749/2023, these three suits were listed together. Further, in CS (Comm) 18/2023, on 25th August 2023 this Court, after noting that fabricated newspaper advertisements were relied on by the Plaintiff, directed as follows:
"2. It is submitted on behalf of the Plaintiff in CS(COMM) 18/2023 that the Defendant is fabricating invoices and the Plaintiff wishes to file an affidavit on record. Let the said affidavit be also filed within four weeks.
3. In CS(COMM) 18/2023, vide order dated 18th July, 2023 notice to show cause for contempt was issued to the Defendant herein i.e. M/s KG Marketing India in view of the fabricated newspaper which was relied upon by it.
4. In the reply to the show cause notice issued by the Court, it has admitted that the said advertisements are fabricated and has tendered an unconditional apology. In view thereof, issue notice in application u/s 340 of the CrPC i.e. CRL.M.A. 18432/2023.
5. Let the reply be filed within four weeks. Rejoinder, thereto, be filed within two weeks.
6. The issue of fabrication of newspapers shall also be considered on the next date. The Plaintiff - Mr. Karan Kumar shall remain present in Court on the next date."
5. Today, no reply has been filed to the application CRL.M.A. 18432/2023 under Section 340 Cr.P.C. It is submitted by Mr. Mahant, ld. Counsel that he was instructed that the reply to the said application has been filed. Reply shall now be filed with an advance copy to the Defendants, subject to payment of Rs.20,000/- as costs, to be paid within two weeks to the Delhi High Court Legal Services Committee.
CS(COMM) 18/2023 & connected Page 4 of 6This 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 25/11/2023 at 00:09:36
6. The matter disclosed in the present suits is of a serious nature. The Plaintiff in CS(COMM) 18/2023 filed a fabricated original newspaper containing an advertisement. The Plaintiff has, in fact, admitted that the same was a fabricated newspaper. The affidavit dated 1st August 2023 is on record . The relevant portion of the said affidavit reads as follows:
"1. I say that I had placed on record newspaper advertisements at page no. 60 to 65 of the List of documents filed by me along with my plaint. I admit that the said advertisements are fabricated.
2. I say that I had vide my affidavit dated 25.05.2023 tendered an unconditional and unqualified apology and had most respectfully prayed that the suit may be dismissed. The copy of my affidavit dated 25.05.2023 has been attached as Document - 1".
7. In addition, a fresh suit being CS(Comm)749/2023 has been filed against the same Defendants, who are the Defendants in CS(COMM) 18/2023 in CS(COMM) 749/2023 by the Plaintiff-Surya Roshni Limited. As noted above, the mark involved is 'SURYA GOLD' in all these three suits.
8. Considering the nature of the matter, it is directed that Mr. Karan Kumar and Mr. Sachin Rana, the constituted attorney of the Plaintiff-Surya Roshni Limited shall remain present in Court on the next date of hearing.
9. Mr. Mahant, ld. Counsel submits that his client is willing to withdraw the suit being CS(COMM) 18/2023 and suffer an injunction in CS(COMM) 477/2023 in terms of the prayers (a), (b) & (c) of the plaint. This submission shall be considered on the next date of hearing.
10. The question of what action needs to be taken regarding the fabrication of the original newspaper, shall also be considered on the next CS(COMM) 18/2023 & connected Page 5 of 6 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 25/11/2023 at 00:09:36 date of hearing.
11. List on 13th December, 2023.
PRATHIBA M. SINGH, J.
NOVEMBER 22, 2023/dk/dn CS(COMM) 18/2023 & connected Page 6 of 6 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 25/11/2023 at 00:09:36