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Delhi High Court - Orders

Jaypore E-Commerce Private Limited vs Mr Jitendra Ravjani on 17 May, 2024

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~27
                                    *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +      CS(COMM) 696/2019
                                           JAYPORE E-COMMERCE PRIVATE LIMITED                                                    ..... Plaintiff
                                                                               Through:                 Mr. Raghu Vinayak Sinha, Advocate.

                                                                               versus

                                           MR JITENDRA RAVJANI                                                                 ..... Defendant
                                                                               Through:                 Mr. Manoj Kumar Sahu, Advocate.

                                           CORAM:
                                           HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                               ORDER

% 17.05.2024 I.A. 29501/2024 (under Section 10 r/w Section 151 of CPC for stay of suit)

1. The Defendant has filed the present application, seeking stay of the present proceedings, in light of ongoing proceedings in a previously instituted suit filed by them before the District Court Sanganer, Jaipur being CS No. 71 of 2019, seeking permanent injunction restraining the Plaintiff herein from using the mark "JAYPORE". Counsel for Defendant states that since the said suit was filed prior in time to the present suit, pertains to the same subject matter, i.e., infringement of the trademark "JAYPORE" and seeks the same relief of permanent injunction, in light of Section 10 of the Code of Civil Procedure, 19081, the present suit should be stayed till the pendency of the previously instituted suit.

2. Issue notice. Mr. Raghu Vinayak Sinha, counsel for Plaintiff, accepts notice.

1
"CPC"

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 21/05/2024 at 01:31:41

3. Reply be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of four weeks thereafter.

4. List before the Court on 1st October, 2024.

CS(COMM) 696/2019

5. List before the Joint Registrar for completion of pleadings on the date already fixed i.e., 29th August, 2024.

SANJEEV NARULA, J MAY 17, 2024/as 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 21/05/2024 at 01:31:41