Delhi High Court - Orders
Primus Super Speciality Hospital Unit ... vs Primus Hospital & Ors on 20 August, 2024
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 701/2024 & I.A. Nos. 36785/2024, 36786/2024 &
36787/2024
PRIMUS SUPER SPECIALITY HOSPITAL UNIT OF DELHI
HOSPITAL SOCIETY .....Plaintiff
Through: Mr. Kapil Midha with Ms. Samiksha
Gupta, Advocates.
(M): 9318887589
Email: mkmidha.com
versus
PRIMUS HOSPITAL & ORS. .....Defendants
Through: Mr. Arvind Nayar, Senior Advocate
with Mr. Nikhil Palli, Mr. Nikhil
Chawla, Mr. Ajay Majithiya, Mr. Om
Ram and Mr. Shubham Pandey,
Advocates.
(M): 9013685427
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 20.08.2024 I.A. 36786/2024 (Exemption from filing originals of the documents)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), on behalf of the plaintiff, seeking exemption from filing dim documents, vernacular documents, documents with insufficient left side margin and pleadings containing underlined text.
2. Exemption is granted, subject to all just exceptions.
CS(COMM) 701/2024 Page 1 of 4This 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 21/08/2024 at 00:03:12
3. Applicant shall file legible, clear, and translated copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of. I.A. 36787/2024 (Exemption from instituting Pre-litigation Mediation)
5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
6. Considering the fact that this Court is referring the matter for mediation, the present application is disposed of, by noting the same. CS(COMM) 701/2024 & I.A. No. 36785/2024 (Application under Order XXXIX Rules 1 and 2 CPC)
7. The present suit has been filed for permanent and mandatory injunction restraining infringement of the trademark 'PRIMUS', passing off, acts of unfair competition, dilution, misrepresentation, rendition of accounts, delivery up, damages etc.
8. Learned counsel appearing for the plaintiff submits that the grievance of the plaintiff in the present suit is against the defendants for restraining infringement of the trademark of the plaintiff 'PRIMUS'. It is submitted that the plaintiff is running a hospital under the name Primus Super Speciality Hospital, which enjoys tremendous reputation and goodwill in the market. The defendants have illegally adopted and are using an identical trademark and that too for identical services, i.e., medical and healthcare. It is submitted that defendants have started running CS(COMM) 701/2024 Page 2 of 4 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 21/08/2024 at 00:03:12 a hospital under an identical name, i.e., 'PRIMUS' thereby infringing the statutory and common law rights of the plaintiff in its trademark 'PRIMUS', merely with an intent to deceive the public at large and to ride upon the enormous reputation and goodwill earned by the plaintiff over the years.
9. Let the plaint be registered as suit.
10. Issue summons.
11. Summons is accepted by learned counsel appearing for the defendants.
12. Let the written statement be filed by the defendants within thirty days from today. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statement shall not be taken on record.
13. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
14. Learned counsel appearing for the defendants, on advance notice, upon instructions, submits that the defendants are willing to change the name, and thus, submits that for arriving at a formal settlement, the parties may be referred for mediation.
15. Learned counsel appearing for the plaintiff submits that he has no objection if the matter is referred for mediation.
16. With the consent of the parties, the parties are referred to Delhi High CS(COMM) 701/2024 Page 3 of 4 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 21/08/2024 at 00:03:12 Court Mediation and Conciliation Centre, to be listed before the Mediator on 23rd August, 2024.
17. List before the Joint Registrar (Judicial) for marking of exhibits, on 14th October, 2024.
18. List before the Court on 18th September, 2024.
19. Copy of this order be forwarded to Delhi High Court Mediation and Conciliation Centre, forthwith.
MINI PUSHKARNA, J AUGUST 20, 2024 c CS(COMM) 701/2024 Page 4 of 4 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 21/08/2024 at 00:03:12