Delhi High Court - Orders
Fiitjee Ltd.& Anr vs Brahmos Aerospace Pvt Ltd. & Anr on 16 February, 2024
$~2 to 6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 425/2022, I.A. 3697/2024
FIITJEE LTD.& ANR ..... Petitioners
Through: Mr. Mohan Vidhari, Ms. Elisha Sinha
and Mr. Prakhar Singh, Advocates.
versus
BRAHMOS AEROSPACE PVT LTD. & ANR ..... Respondents
Through:
Mr. Harish Vaidyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr.
Alexander Mathai, Advocates.
Mr. Vikramjeet (VC), Advocate
for R-1.
+ C.O. (COMM.IPD-TM) 426/2022, I.A. 3698/2024
FIITJEE LTD. & ANR ..... Petitioners
Through: Mr. Mohan Vidhari, Ms. Elisha Sinha
and Mr. Prakhar Singh, Advocates.
versus
BRAHMOS AEROSPACE PVT LTD & ANR ..... Respondents
Through:
Mr. Harish Vaidyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr.
Alexander Mathai, Advocates.
Mr. Vikramjeet (VC), Advocate
for R-1.
+ C.O. (COMM.IPD-TM) 433/2022, I.A. 3694/2024
FIITJEE LTD. & ANR ..... Petitioners
Through: Mr. Mohan Vidhari, Ms. Elisha Sinha
and Mr. Prakhar Singh, Advocates.
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 20/02/2024 at 21:16:15
versus
BRAHMOS AEROSPACE PVT LTD. & ANR ..... Respondents
Through:
Mr. Harish Vaidyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr.
Alexander Mathai, Advocates.
Mr. Vikramjeet (VC), Advocate
for R-1.
+ C.O. (COMM.IPD-TM) 462/2022, I.A. 3695/2024
M/S FIITJEE LTD. & ANR ..... Petitioners
Through: Mr. Mohan Vidhari, Ms. Elisha Sinha
and Mr. Prakhar Singh, Advocates.
versus
BRAHMOS AEROSPACE PRIVATE LIMITED. & ANR
..... Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr.
Alexander Mathai, Advocates.
Mr. Vikramjeet (VC), Advocate
for R-1.
+ C.O. (COMM.IPD-TM) 598/2022, I.A. 3696/2024
FIITJEE LTD.& ANR ..... Petitioners
Through: Mr. Mohan Vidhari, Ms. Elisha Sinha
and Mr. Prakhar Singh, Advocates.
versus
BRAHMOS AEROSPACE PVT LTD. & ANR ..... Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr.
Alexander Mathai, Advocates.
Mr. Vikramjeet (VC), Advocate
for R-1.
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 20/02/2024 at 21:16:15
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 16.02.2024 I.A. 3697/2024 in C.O. (COMM.IPD-TM) 425/2022, I.A. 3698/2024 in C.O. (COMM.IPD-TM) 426/2022 & I.A. 3694/2024 in C.O. (COMM.IPD-TM) 433/2022, I.A. 3695/2024 in C.O. (COMM.IPD-TM) 462/2022 & I.A. 3694/2024 in C.O. (COMM.IPD-TM) 598/2022 (Applications under Order VI Rule 17 of CPC) [
1. All these applications have been filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 for amending the respective petitions consequent upon merger of petitioner no.1 with petitioner no.2.
2. The said petitions have been filed under Section 47, 57 and 125 of the Trademarks Act, 1999 for cancellation/removal of the trademark 'BRAHMOS'.
3. During the pendency of these petitions for cancellation, the National Company Law Tribunal, pursuant to an application being filed, has ordered amalgamation of petitioner no. 1 and petitioner no.2 vide order dated 26th February, 2019 in Company Petition No. (CAA) -121 (PB) 2018.
4. Accordingly, it is prayed that reference to petitioner no.2 be deleted and only petitioner no. 1 will survive as the sole petitioner; and amended petitions have been filed carrying out the necessary amendments in relation to the same.
5. Counsel for respondents appears through VC and states that they have no objection to the formal amendments being made.
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 20/02/2024 at 21:16:16
6. Counsel for respondents further states that the amalgamation order was passed in 2019, the petitioner has delayed the filing of the said applications, and therefore be burdened with costs. Petitioner's counsel, in response, states that the matter was before the IPAB and was not listed, and has been listed before this Court only now post 2021.
7. No prejudice would be caused to respondents, considering that their replies in this regard will continue to be on record and references to petitioner no.1 will be treated as a reference to the sole 'petitioner', and reference to petitioner no. 2 will be considered deleted/or read as the 'petitioner'.
8. Amended petition be, therefore, taken on record.
9. Applications are disposed of.
C.O. (COMM.IPD-TM) 425/2022, C.O. (COMM.IPD-TM) 426/2022, C.O. (COMM.IPD-TM) 433/2022, C.O. (COMM.IPD-TM) 462/2022 & C.O. (COMM.IPD-TM) 598/2022.
1. List on 09th July, 2024.
2. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 16, 2024/RK 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 20/02/2024 at 21:16:16