Delhi High Court - Orders
Kent Ro Systems Ltd & Anr vs Sunita Water Solutions & Anr on 13 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 37/2020, I.As. 953/2020, 9976/2020, 9977/2020,
222/2021 & 2947/2022
KENT RO SYSTEMS LTD & ANR. ..... Plaintiffs
Through: Mr. Tahir A J, Adv. (M.
8826363206)
versus
SUNITA WATER SOLUTIONS & ANR ..... Defendants
Through: Mr. Prakhar Singh and Ms.
Mokshita Gautam, Advs. (M.
8448356140)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.12.2023
1. This hearing has been done through hybrid mode.
2. Ld. Counsel for the Defendants seeks an adjournment on the ground that Mr. Vidhani, ld. Counsel is unavailable today.
3. The present suit concerns the design of water purifiers manufactured by the Plaintiffs. The Plaintiffs manufacture water purifiers under the brand 'KENT', in three different models: 'KENT GRAND+', 'KENT PEARL', and 'KENT GRAND+ NEW'. The designs in respect to the Plaintiff's models are registered under the Designs Act, 2000, bearing the following registration numbers (hereinafter, 'Plaintiffs' registered designs'):
● '312406' dated 26th November, 2018, ● '224813', dated 23rd September, 2009 and, ● '219309', dated 17th October 2008.
4. The Plaintiffs' allegation is that the Defendants have substantially 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 15/12/2023 at 00:16:14 reproduced and imitated the Plaintiffs' registered designs in respect of their models viz. 'NEW AQUA GRAND+, 'AQUA BLAZE' and 'AQUA GRAND+'.
5. Vide order dated 27th January, 2020 an interim injunction has already been granted and a Local Commissioner was appointed. The relevant extract of the said order reads as under:
"11. In the facts and circumstances of the case, the plaintiffs have made out a good prima facie case for ad interim relief. The balance of convenience is also in favour of grant of an ex parte ad-interim order. I am satisfied that the plaintiffs would suffer. irreparable loss and injury if their intellectual property rights are not protected at this stage.
12. Consequently, the defendants are restrained, until the next date of hearing from manufacturing or selling or otherwise dealing in goods or products which are identical or similar to the plaintiffs' registered design Nos.219309, 224813 and 312406."
6. It is the case of the Defendants that they are merely traders in the said products and they are not the manufacturers of the infringing products. The stand of the Defendants in paragraph 20 of the written statement is extracted below:
"It is submitted that the defendants are not the manufacturer of the impugned goods but are merely reseller and hence does not claim any right over the impugned mark or logo or design."
7. Applications bearing no. I.A. 9977/2020 and I.A. 9976/2020, have been moved by the Plaintiffs under Order XI CPC seeking details of the manufacturers from whom the Defendants procured the products. Accordingly, in order to ensure that the hearing on the injunction application 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 15/12/2023 at 00:16:14 is effective, let an affidavit be filed by the Defendants, disclosing the details of the manufacturers from whom the impugned goods were purchased by the Defendants.
8. Let the Defendants file an affidavit to the above effect within six weeks.
9. Thus, I.A. 9976/2020 & I.A. 9977/2020 are, accordingly, disposed of.
10. I.A. 2947/2022 is another application filed by the Plaintiffs seeking directions to the Defendants to answer the interrogatories as per I.A. 9977/2020 on an affidavit and to disclose the documents set out in I.A. 9976/2020. Considering that the Defendants have been directed to file the affidavit, I.A. 2947/2022 is also disposed of.
11. I.A. 222/2021 is an application seeking leave to file additional documents under Order XI Rule 14 CPC. The Defendants object to additional documents being taken on record on the ground that the original documents including the Deed of Confirmation, have not been given inspection. Accordingly, let the inspection of the original documents be given before the ld. Joint Registrar. Both the injunction application bearing I.A. 953/2020 and this application i.e., I.A. 222/2021 shall be taken up for hearing on the next date.
12. List before the Joint Registrar on 1st February, 2024.
13. List before Court on 30th April, 2024.
PRATHIBA M. SINGH, J.
DECEMBER 13, 2023 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 15/12/2023 at 00:16:15