Acc Limited vs Manju Bhardwaj & Ors on 7 December, 2022

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Delhi High Court - Orders

Acc Limited vs Manju Bhardwaj & Ors on 7 December, 2022

Bench: Sanjeev Narula

                          $~22
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 352/2019 & I.As. 9121/2019, 10481/2019

                                ACC LIMITED                                                ..... Plaintiff
                                                   Through:     Mr. Kanishk Kumar, Mr. Yatinder
                                                                Garg and Mr. Priyansh Kohli,
                                                                Advocates.

                                                   versus

                                MANJU BHARDWAJ & ORS.                                   ..... Defendants
                                                   Through:     Mr. Shailen Bhatia, Mr. Arnav
                                                                Chatterjee, Ms. Mannu Singh, Mr.
                                                                Raghav Bhalla and Mr. Nakul Mehta,
                                                                Advocates for D-1 to 3.

                                CORAM:
                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                             ORDER

                          %                  07.12.2022

                          CS (COMM) 352/2019

1. As per Delhi High Court Mediation and Conciliation Centre's report dated 24th November, 2022, settlement talks have failed and the mediation stands closed as 'Non-Starter'.

2. List before the Local Commissioner on the date fixed.

3. List before the Court on 12th April, 2023.

I.A. 13072/2022 (u/S 151 of the Code of Civil Procedure, 1908 on behalf of Defendants No. 1 & 2 seeking urgent directions)

4. Defendants No. 1 and 2 seek permission of the Court to operate Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:09.12.2022 10:22:01 Defendant No. 2-Company's bank account under the name of M/s ACC Paints Pvt. Ltd. for limited purpose of receiving/ making payments by way of cheques. Mr. Shailen Bhatia, counsel for Defendants, states that the cheques are towards past dues and payments to be made also pertain to past transactions. Defendant No. 2-Company is not using the impugned mark in manufacturing or trading activity. Per contra, Mr. Kanishk Kumar, counsel for Plaintiff states that list of cheques refers to undated cheques.

5. Mr. Bhatia states that he will furnish the audited balance sheet pertaining to the relevant period to authenticate that list of creditors/debtors pertain to past dues and transactions. Let the same be done within a period of two weeks from today.

6. Re-notify on 12th April, 2023.

SANJEEV NARULA, J DECEMBER 7, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:09.12.2022 10:22:01

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Delhi High Court - Orders