Delhi High Court - Orders
Marico Limited vs Narico Agrovet Private Limited & Anr on 9 February, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~9(Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 717/2021 & I.A.17572/2021, I.A.11822/2022,
I.A.20070/2022
MARICO LIMITED ..... Plaintiff
Through: Mr.Zeeshan Khan and
Ms.Sharika Vijh, Advs.
versus
NARICO AGROVET PRIVATE LIMITED & ANR.
..... Defendants
Through: Mr.Abhishek Yadav, Adv. For
D-1
Mr.Rohan Ahuja, Adv. for D-2
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 09.02.2023
1. This matter is listed today to ascertain compliance with the directions issued by this Court on 19th December 2022, read with the earlier order dated 24th December 2021. By the said orders, Defendant 1 was given 45 days' time beyond 19th December 2022 to change the name of the Companies Narico Power Pvt. Ltd. and Narico Bio-energy Ltd. to a name which did not infringe the registered trademark of the plaintiff.
2. Mr. Abhishek Yadav, learned Counsel for Defendant 1 has drawn attention to a Circular dated 9th January 2023 by the Ministry of Corporate Affairs, Government of India, which notes that the e-forms, which were required for effecting change of name of the company, would not be available from 7th January to 22nd January 2023. He submits that, even thereafter, his client was attempting to proceed as per the procedure envisaged in that regard but the e-forms continued Signature Not Verified Digitally Signed CS(Comm) 717/2021 Page 1 of 2 By:KAMLA RAWAT Signing Date:10.02.2023 11:01:06 to remain unavailable and they are still not available even as on date.
3. He seeks to place an affidavit in this regard on record. Let him do so positively within a period of one week from today with advance copy to learned Counsel for the applicant who may file reply thereto before the next date of hearing.
4. In view of the submissions made by learned Counsel for Defendant 1, I deem it appropriate to call upon the Ministry of Corporate Affairs to appear and clarify the position.
5. Accordingly, let a copy of this order be sent to Mr. Kirtiman Singh, learned Standing Counsel for UOI to be present on the next date of hearing.
6. Re-notify on 28th February 2023.
C.HARI SHANKAR, J FEBRUARY 9, 2023/kr Signature Not Verified Digitally Signed CS(Comm) 717/2021 Page 2 of 2 By:KAMLA RAWAT Signing Date:10.02.2023 11:01:06