Delhi High Court - Orders
Dabur India Limited vs Marico Limited & Anr on 13 September, 2024
$~22 to 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
C.O. (COMM.IPD-TM) 172/2024
DABUR INDIA LIMITED .....Petitioner
Through: Ms. Kripa Pandit, Mr. Prabhav
Tandon with Mr. Christopher
Thomas, Advocates
versus
MARICO LIMITED & ANR. .....Respondents
Through: Ms. Shikha Sachdeeva, Mr. Manish
Dhir, Ms. Kriti Rathi and Ms.
Annie Jacob, Advs. for R-1
Ms. Nidhi Raman, CGSC, Mr.
Hussain Taqavi, GP and Mr. Zubin
Singh, Adv. for R-2
23
+ C.O. (COMM.IPD-TM) 173/2024
DABUR INDIA LIMITED .....Petitioner
Through: Ms. Kripa Pandit, Mr. Prabhav
Tandon and Mr. Christopher
Thomas, Advocates
versus
MARICO LIMITED & ANR. .....Respondents
Through: Ms. Shikha Sachdeeva, Mr. Manish
Dhir, Ms. Kriti Rathi and Ms.
Annie Jacob, Advs. for R-1
Ms. Nidhi Raman, CGSC, Mr.
Hussain Taqavi, GP and Mr. Zubin
Singh, Adv. for R-2
24
C.O. (COMM.IPD-TM) 174/2024
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 19/09/2024 at 08:41:06
DABUR INDIA LIMITED .....Petitioner
Through: Ms. Kripa Pandit, Mr. Prabhav
Tandon and Mr. Christopher
Thomas, Advocates
versus
MARICO LIMITED & ANR. .....Respondents
Through: Ms. Shikha Sachdeeva, Mr. Manish
Dhir, Ms. Kriti Rathi and Ms.
Annie Jacob, Advs. for R-1
Ms. Nidhi Raman, CGSC, Mr.
Hussain Taqavi, GP and Mr. Zubin
Singh, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 13.09.2024 I.A. 38947/2024-Exp from pre institution mediation in C.O. (COMM.IPD-TM) 172/2024 I.A. 38952/2024-Exp from pre institution mediation in C.O. (COMM.IPD-TM) 173/2024 I.A. 38957/2024-Exp from pre institution mediation in C.O. (COMM.IPD-TM) 174/2024
1. The petitioner vide the present applications seeks exemption from instituting pre-litigation mediation.
2. Considering the averments made in the present applications wherein the petitioner seeks urgent ad-interim reliefs and in view of Yamini Manohar vs. T.K.D. Krithi 2023 SCC OnLine 1382 and Chandra Kishore Chaurasia vs. R. A. Perfumery Works Private Limited 2022:DHC:4454- DB, the petitioner is exempted from instituting pre-litigation mediation.
3. Accordingly, the present applications are allowed and disposed of.
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 19/09/2024 at 08:41:06 I.A. 38948/2024-Addl.doc in C.O. (COMM.IPD-TM) 172/2024 I.A. 38953/2024-Addl.doc in C.O. (COMM.IPD-TM) 173/2024 I.A. 38958/2024-Addl.doc in C.O. (COMM.IPD-TM) 174/2024
4. The petitioner vide the present applications seeks time to file additional documents.
5. The petitioner will be at liberty to file additional documents at a later stage, albeit, strictly as per the provisions of the Commercial Courts Act, 2015 and Delhi High Court (Original Side) Rules, 2018.
6. Accordingly, the present applications are disposed of. I.A. 38949/2024-Exp in C.O. (COMM.IPD-TM) 172/2024 I.A. 38954/2024-Exp in C.O. (COMM.IPD-TM) 173/2024 I.A. 38959/2024-Exp in C.O. (COMM.IPD-TM) 174/2024
7. Exemptions allowed as sought, subject to all just exceptions.
8. The applications stand disposed of.
I.A. 38950/2024-u/s 149 cpc in C.O. (COMM.IPD-TM) 172/2024 I.A. 38955/2024-u/s 149 cpc in C.O. (COMM.IPD-TM) 173/2024 I.A. 38960/2024-u/s 149 cpc in C.O. (COMM.IPD-TM) 174/2024
9. By way of the present applications, petitioner seeks grant of leave for three weeks to file requisite court fees of INR 11,000 and one time process fee of INR 1,000 before this Hon'ble Court.
10. For the reasons stated in the present applications, the petitioner is granted three weeks as sought to file the requisite court fee.
11. The Registry is directed to list the matter before the Court, if the requisite court fee is not filed within the stipulated period as aforesaid.
12. Accordingly, the present applications are allowed and disposed of. C.O. (COMM.IPD-TM) 172/2024, I.A. 38946/2024-Stay C.O. (COMM.IPD-TM) 173/2024, I.A. 38951/2024-Stay 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 19/09/2024 at 08:41:06 C.O. (COMM.IPD-TM) 174/2024, I.A. 38956/2024-Stay
13. Learned counsel for the petitioner, at the outset, submits that the present respondent no.2 has been inadvertently impleaded instead of the Registrar of Trade Marks. On an oral request made by the learned counsel for petitioner, she is granted permission for rectifying the said mistake and filing the amended memo of parties within a period of one week.
14. By virtue of the present petitions, petitioner seeks cancellation/ rectification/ removal of the entry relating to the Trademarks Registry of three different impugned trade marks bearing registration nos. 5879763, 5881155 and 5881150 in Class 3 in the name of the respondents.
15. Issue notice.
16. Learned counsel(s) for both the respondent nos.1 and 2 accept notice. They seek, and are granted a period of four weeks to file a reply/ written synopsis not exceeding five pages giving a chronological list of dates, events and documents, if any, alongwith duly highlighted relevant judgments which he wish to rely upon.
17. Similarly, learned counsel for the petitioner seeks, and is granted a period of four weeks to file a rejoinder/ written synopsis not exceeding five pages giving a chronological list of dates, events and documents, if any, alongwith duly highlighted relevant judgments which he wish to rely upon.
18. Renotify on the date already fixed, i.e., 20.11.2024.
SAURABH BANERJEE, J SEPTEMBER 13, 2024/rr 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 19/09/2024 at 08:41:07