Delhi High Court - Orders
Jindal Industries Private Limited vs Suncity Sheets Private Limited And Anr on 27 September, 2023
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 679/2023
JINDAL INDUSTRIES PRIVATE LIMITED ..... Plaintiff
Through: Mr. Chander M. Lall, Sr. Adv.
with Mr. Sarad Kumar Sunny, Mr. Rohan
Dua, Mr. Keshav Mann, Ms. Ananya, Ms.
Yashi and Mr. Abhinav, Advs.
versus
SUNCITY SHEETS PRIVATE
LIMITED AND ANR. ..... Defendants
Through: Mr. Vaibhav Agnihotri and Ms.
Shaurya Punj, Advs. for D-1
Mr. Kishore Kunal and Ms. Runjhun Pare,
Advs. for D-2
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 27.09.2023
CS(COMM) 679/2023
1. The plaintiff alleges infringement, by the defendants, of its registered mark . It is alleged that the defendants, by using the mark is infringing the plaintiff's registered mark and is also passing off its products as those of the plaintiff leading unwary customer to confuse the two.
2. The plaint makes out a case worthy of consideration.
CS(COMM) 679/2023 Page 1 of 4This 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 04/10/2023 at 20:32:08
3. In view thereof, let the plaint be registered as a suit.
4. Issue summons in the suit. Summons are accepted on behalf of Defendant 1 by Mr. Vaibhav Agnihotri and on behalf of Defendant 2 by Mr. Kishore Kunal.
5. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission and denial of the documents filed by the defendants within 30 days thereof.
6. List before the learned Joint Registrar (Judicial) for completion of the pleadings, admission and denial of documents and marking of exhibits on 28 November 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
I.A. 18962/2023 (Order XXXIX Rules 1 and 2 of the CPC)
7. This is an application by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interlocutory injunctive relief.
8. Mr. Lall is agreeable to the defendants being given an opportunity of hearing before a view is taken on the application for interlocutory relief.
9. Issue notice. Notice is accepted on behalf of Defendant 1 by CS(COMM) 679/2023 Page 2 of 4 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 04/10/2023 at 20:32:08 Mr. Vaibhav Agnihotri and on behalf of Defendant 2 by Mr. Kishore Kunal.
10. Reply, if any, be filed within two weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto, if any, within a period of one week thereof.
11. Renotify before the Court on 18 October 2023.
12. No extension of time for filing reply or rejoinder shall be granted. No adjournment shall be granted on the next date of hearing and this application would be taken up for hearing and disposal ahead of the matters, which are either part heard or listed for final disposal on the said date.
13. Both sides may place on record duly indexed compilation of any judicial authorities on which they may seek to place reliance.
I.A. 18963/2023 (Order XXVI Rule 9 of the CPC)
14. This is an application for appointment of a Local Commissioner. No orders are being passed on this application.
15. Renotify before the Court on 18 October 2023.
I.A. 18964/2023 (Order XI Rule 1(4) of the CPC)
16. This application seeks permission to file additional documents. The plaintiff is permitted to place additional documents on record in CS(COMM) 679/2023 Page 3 of 4 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 04/10/2023 at 20:32:08 accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within four weeks from today.
17. The application stands disposed of accordingly.
I.A. 18965/2023 (Exemption)
18. Subject to the plaintiff filing legible copies of any dim or illegible documents within 30 days, exemption is granted for the present.
19. The application is disposed of.
I.A. 18966/2023 (Section 12A of the Commercial Courts Act, 2015)
20. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd1, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
21. The application stands allowed accordingly.
C.HARI SHANKAR, J SEPTEMBER 27, 2023 rb 1 2022 SCC OnLine Del 3529 CS(COMM) 679/2023 Page 4 of 4 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 04/10/2023 at 20:32:08