Delhi High Court - Orders
Just Spray Marketing Pvt Ltd vs Devender Kumar Sachdeva & Anr on 29 March, 2023
Author: Manmohan
Bench: Manmohan
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 40/2023 & C.M.Nos.10181-10185/2023
JUST SPRAY MARKETING PVT LTD ..... APPELLANT
Through: Mr. V. K. Puri, Mr. Deepak Dhyani
and Mr. Nitin Sharma, Advocates.
Versus
DEVENDER KUMAR SACHDEVA & ANR. ..... RESPONDENTS
Through: Mr.Gurpreet Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 29.03.2023 After some arguments, learned counsel for the appellant-plaintiff wishes to withdraw the present appeal and all pending applications with liberty to file a fresh suit against the respondents-defendants on a new cause of action, as according to the appellant-plaintiff, the respondents-defendants is still continuing to pass off its goods as plaintiff's goods.
The Supreme Court in M/S Bengal Waterproof Limited vs. M/S Bombay Waterproof Manufacturing Company & Anr., (1997) 1 SCC 99 has held that the issues of infringement and passing off are continuous and recurring causes of action. Consequently, the appellant-plaintiff is permitted to file a fresh suit against the respondents-defendants on a new cause of action, if any.
Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:05.04.2023 11:32:55Accordingly, the present appeal along with pending applications is disposed of as withdrawn. The right and contentions of all the parties are left open. Needless to state that the Trial Court shall decide the fresh suit on its own merit.
MANMOHAN, J SAURABH BANERJEE, J MARCH 29, 2023 KA Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:05.04.2023 11:32:55