Delhi High Court - Orders
M/S Kg Marketing India vs Ms. Rashi Santosh Soni & Anr on 19 February, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~31 to 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 18/2023, CRL.M.A. 18432/2023 & 1733/2023
M/S KG MARKETING INDIA ..... Plaintiff
Through: Mr. Dushyant K. Mahant, Mr. Deepak
Dhyani, Ms. Anshima Puri & Mr.
Karan Kumar, Advs. (M.
9811723901)
versus
MS. RASHI SANTOSH SONI & ANR. ..... Defendants
Through: Mr. Alankar Kirpekar and Mr.
Jaspreet Singh Kapur, Advs. (M.
9550145159)
32 WITH
+ CS(COMM) 477/2023, I.As. 12949/2023, 15516/2023 & 3863/2024
RASHI SANTOSH SONI & ANR. ..... Plaintiffs
Through: Mr. Alankar Kirpekar and Mr.
Jaspreet Singh Kapur, Advs.
versus
K G MARKETING INDIA ..... Defendant
Through: Mr. Dushyant K. Mahant, Mr. Deepak
Dhyani, Ms. Anshima Puri & Mr.
Karan Kumar, Advs.
33 AND
+ CS(COMM) 749/2023 & I.A. 20740/2023
SURYA ROSHNI LIMITED ..... Plaintiff
Through: Mr. Sachin Gupta, Ms. Prashansa
Singh, Ms. Ashna Narang, Mr. Manan
Mondal, Mr. Ajay Kumar, Mr. Sachin
Rana, Advs. (M. 9811180270)
versus
MRS RASHI SANTOSH SONI & ANR. ..... Defendants
Through: Mr. Alankar Kirpekar and Mr.
Jaspreet Singh Kapur, Advs.
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 22:05:11
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.02.2024
1. This hearing has been done through hybrid mode.
2. The present batch of suits relates to the label/device mark 'SURYA GOLD'. Vide order dated 22nd November 2023, given the nature of the matter, the Court considered what action should be taken regarding the fabrication of the original newspaper. It was also directed that Mr. Karan Kumar and Mr. Sachin Rana, who are the constituted attorneys of the Plaintiff--Surya Roshni Ltd., were to be present in Court. Thereafter, on 19th December, 2023 this Court directed as follows:
"...3. Today, statement of Mr. Sachin Rana has been recorded. The same has been set out below:
"Statement of Mr. Sachin Rana S/o Shri Arvind Rana, aged around 23 years, R/o- E-309, Old Plot No.112, Ground Floor Back Side, New Ashok Nagar, Near Kapil Nagar Dairy, Delhi-110096. On SA I have studied M.Com. I work in a firm namely Ennoble IP, Sector -6, Noida. Dr. Shweta Singh is the owner of the said firm. I have filed this case on behalf of Surya Roshni Limited. I do not know anyone in Surya Roshni Limited. I was told to sign the suit papers by Mr. Srihar Tripathi. He is a lawyer, who works in the firm Boost IP. They do brand protection for Surya Roshni Limited. Mobile number of Mr. Srihar Tripathi is 9548888420.
Court Question: Do you know what 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 22:05:11 Defendants are using?
Answer: They are using the trademark 'ROSHNI', again said 'Surya Roshni Pvt. Ltd.'.
I read the papers before I signed it. I also sign papers on behalf of a company called Supreme."
4. Mr. Ambrish Kumar Srivastav, Head Legal of Surya Roshni Limited, has also joined virtually and states that the person, who has signed the plaint i.e., Mr. Sachin Rana, was engaged by Mr. Srihar Tripathi, Advocate. He informs the Court that the Plaintiff was told about the litigation in Rashi Santosh Soni & Anr. v. K G Marketing India by Mr. Srihar Tripathi and thereafter, since the mark 'SURYA GOLD' was involved, the Plaintiff decided to file the present suit i.e., CS (COMM) 749/2023.
5. In view of the disclosure made above, let Mr. Srihar Tripathi, (M.-9548888420) be present on the next date of hearing. Registry shall intimate Mr. Srihar Tripathi of the present order."
3. Today, Mr. Srihar Tripathi has appeared before the Court and has submitted as under:
● He runs a firm called Boost IP.
● He represented Surya Roshni Ltd. since 2017-2018. ● He recommended Mr. Sachin Rana's name to Mr. Ambrish Kumar Srivastav, Head (Legal) of Surya Roshni Limited. ● He saw the Defendant's journal entry in the Trade Mark Journal. He conducted a search on Indian Kanoon and discovered the litigation involving K G Marketing.
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 22:05:12 ● Subsequently, he contacted Mr. Sachin Gupta ld Counsel, who provided him with the plaint related to the K G Marketing matters. This is how he became aware of the ongoing K G Marketing cases, which he has included in the plaint for Surya Roshni. ● Mr. Sachin Rana is not a lawyer. He expressed his interest in pursuing an LLB in the future, so he recommended him for signing the papers. He is familiar with the suit; however, it seems his memory failed him on 19th December 2023 when he made his first Court appearance.
4. Issue notice in CRL.M.A. 18432/2023. Let the reply be filed within four weeks. Rejoinder, thereto, be filed within four weeks.
5. List these matters for hearing on 29th April, 2024.
PRATHIBA M. SINGH, J.
FEBRUARY 19, 2024 dj/dn 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 22:05:12