Haldiram India Pvt. Ltd vs M/S Krishnashree Foods & Ors on 1 May, 2023

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Delhi High Court - Orders

Haldiram India Pvt. Ltd vs M/S Krishnashree Foods & Ors on 1 May, 2023

Bench: C.Hari Shankar

               $~21(Original)
               *       IN THE HIGH COURT OF DELHI AT NEW DELHI
               +       CS(COMM) 262/2023, I.A. 8315/2023, I.A. 8316/2023, I.A.
                       8317/2023, I.A. 8318/2023, I.A. 8319/2023 & I.A. 8320/2023

                       HALDIRAM INDIA PVT. LTD                     ..... Plaintiff
                                    Through: Mr. Neeraj Grover, Mr. Naveen
                                    Grover and Mr. Varun Goswami, Advs. with
                                    Mr. S.K. Mishra, AR for the plaintiff

                                           versus

                       M/S KRISHNASHREE FOODS & ORS.        ..... Defendants
                                    Through: Mr. Aditya Shankar Prasad, Mr.
                                    Sameer Kumar, Mr. Shahrukh Ahmed, Mr.
                                    Sahil Chodhury and Mr. Mandeep Baisala,
                                    Advs. for R-1

                       CORAM:
                       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                           ORDER

               %                           01.05.2023

               CS(COMM) 262/2023

1. The plaintiff alleges infringement, by the Defendants 1 and 2, of the plaintiff's registered trademark HALDIRAM by using logos which are identical to the device marks in which the plaintiff holds registrations.

2. The facts of the case as set out in the suit merit consideration.

3. Accordingly, let the plaint be registered as a suit.

4. Issue summons. Summons are accepted on behalf of the Defendant 1 by Mr. Sameer Kumar. Let summons of the suit be served Signature Not Verified on Defendant 3 by all modes including dasti. Affidavit of Digitally Signed By:KAMLA RAWATCS(COMM) 262/2023 Page 1 of 4 Signing Date:02.05.2023 12:31:55 service be placed on record before the next date of hearing.

5. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within 30 days thereof.

6. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 6th July 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.

I.A. 8315/2023 (under Order XXXIX Rules 1 and 2 of the CPC)

7. This is an application by the plaintiff seeking interlocutory injunctive reliefs. Mr. Grover submits that the defendants are using the impugned marks which are identical to the registered marks of his client, without lawful authority and in violation of the agreements executed between the parties.

8. He accordingly presses for ad interim relief, even before a reply is filed by the defendants.

9. Mr. Sameer, learned Counsel for Defendant 1 appears that he does not have a copy of the file. He accordingly prays for a day's time in order to obtain a copy of file and study the file before the application is taken up.

Signature Not Verified Digitally Signed By:KAMLA RAWATCS(COMM) 262/2023 Page 2 of 4 Signing Date:02.05.2023 12:31:55

10. He is permitted to obtain a copy of the file from the Court Master on providing a pen drive for the said purpose.

11. Defendant 2 is absent despite advance service.

12. Re-notify this application on 4th May 2023 for considering the request for ex parte interlocutory injunctive reliefs.

13. Mr. Grover submits that, inadvertently, one page of the plaint has not been scanned. He is permitted to file the said page under a separate index.

I.A. 8316/2023 (under Order XXVI Rule 9 and Order XXXIX Rule 7 of the CPC)

14. Re-notify on 4th May 2023.

I.A. 8317/2023 (under Order XI Rule 1(4) of the CPC)

15. By this application, the plaintiff seeks permission to file additional documents.

16. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within 30 days from today.

17. The application stands disposed of accordingly.

I.A. 8318/2023 (under Section 12A of the Commercial Courts Act, 2015)

18. In view of the judgment of the Division Bench of this Court in Signature Not Verified Digitally Signed By:KAMLA RAWATCS(COMM) 262/2023 Page 3 of 4 Signing Date:02.05.2023 12:31:55 Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd 1, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.

19. The application stands allowed accordingly.

I.A. 8319/2023 (under Section 151 of the CPC)

20. For the reasons stated in the application, the plaintiff is exempted from the serving advance service of the suit paper book on the defendant.

21. This application stands allowed accordingly.

I.A. 8320/2023 (under Section 151 of the CPC)

22. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.

23. The application is disposed of.

C.HARI SHANKAR, J MAY 1, 2023 ar Signature Not Verified 1 Digitally Signed 2022 SCC OnLine Del 3529 By:KAMLA RAWATCS(COMM) 262/2023 Page 4 of 4 Signing Date:02.05.2023 12:31:55

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Delhi High Court - Orders