Delhi High Court - Orders
Paul Components Private Limited vs Hi Tech Arai Private Limited on 15 February, 2024
$~10 & 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 374/2023, CCP(O) 14/2024, I.A. 15348/2023, I.A.
2901/2024, I.A. 3677/2024 & I.A. 3678/2024
PAUL COMPONENTS PRIVATE LIMITED ..... Plaintiff
Through: Mr. C.M. Lall, Sr. Adv. with Mr.
Jayant Kumar and Mr. S.S. Chadha,
Advs.
versus
HI TECH ARAI PRIVATE LIMITED ..... Defendant
Through: Mr. Akhil Sibal, Sr. Adv. with Mr.
Aditya Gupta, Ms. Asavari Jain, Mr.
Paavan Awasthi, Mr. Utkarsh
Srivastava, Mr. Sauhard Alung and
Mr. Shuvam Bhattacharya, Advs.
+ CS(COMM) 891/2023, I.A. 25235/2023, I.A. 25236/2023, I.A.
25237/2023 & I.A. 3671/2024
HI TECH ARAI PRIVATE LIMITED ..... Plaintiff
Through: Mr. Akhil Sibal, Sr. Adv. with Mr.
Aditya Gupta, Ms. Asavari Jain, Mr.
Paavan Awasthi, Mr. Utkarsh
Srivastava, Mr. Sauhard Alung and
Mr. Shuvam Bhattacharya, Advs.
versus
PAUL COMPONENTS PRIVATE LIMITED & ORS. .... Defendants
Through: Mr. C.M. Lall, Sr. Adv. with Mr.
Jayant Kumar and Mr. S.S. Chadha,
Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 15.02.2024 I.A. 3677/2024 in CS(COMM) 374/2023
1. This application has been filed under Section 124(1)(b)(ii) of the 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 20/02/2024 at 20:50:24 Trademarks Act, 1999 in CS(COMM) 374/2023 by the defendant in the context of a plea of invalidity of the plaintiff's trademark registration bearing Nos. 1589696 (in Class 12), 4104095 (in Class 17), 4363318 (in Class 17) and 5667622 (in Class 17) raised by the defendant in its written statement and frame an issue in that regard.
2. Mr. Jayant Kumar, Counsel for the plaintiff accepts notice and seeks time to file a response, which may be done within the next four weeks with copies to the opposing side, who may file a rejoinder, before the next date of hearing.
I.A. 2901/2024 in CS(COMM) 374/2023
1. This application has been filed on behalf of defendant under Section 151 of the Code of Civil Procedure, 1908 seeking permission to click photographs of the documents shown during inspection.
2. Considering there are vehement submissions on each side on the authenticity of each other's documents, a suitable and appropriate direction is required. It had transpired that during the inspection of plaintiff's documents by defendant, some discrepancies were noted between the originals presented by plaintiff's counsel and the copies which had been placed on record.
3. At that stage, request of the counsel for defendant to photograph the originals was allowed, however, later refused, necessitating this application.
4. It would be appropriate if the following process can therefore, be adopted by the Joint Registrar in these circumstances.
5. As and when inspection is provided of the originals of plaintiff, the process which is currently underway, if counsel for defendant has any issue relating to an apparent discrepancy between the original and the 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 20/02/2024 at 20:50:24 corresponding copy, they will point out to the Joint Registrar who will also examine the same and if the defendant's concern is made out, a photograph of the original document will be allowed to be taken by counsel for defendant. The photographs of the documents which are taken by this process, will be documented and noted by the Joint Registrar in their order. List before the Joint Registrar on 29th February, 2024, the date already fixed.
6. Needless to state, that the same process will be undertaken at the time of inspection of defendant's documents by plaintiff, considering the submissions made before the Court. Inspection by the plaintiff of defendant's documents shall be carried out on 1st March 2024.
7. However, attention has been drawn to the order dated 08th December, 2023 passed by this Court where the issue of inspection by plaintiff of the redacted documents filed by defendant arose, the Court has passed the following direction in paragraph 15 of the aforesaid order:
"It is clarified that the redacted copies of the documents which have been placed on record would be permitted to be inspected by the plaintiff. However, the Plaintiff shall not be entitled to inspect the unredacted originals thereof."
8. Therefore, the direction in para 5 and 6 in relation to inspection of the defendants documents, will be subject to the order dated 08th December, 2023, as noted above.
9. The application is accordingly, disposed of, with the aforesaid directions.
I.A. 3678/2024 in CS(COMM) 374/2023
1. This application has been filed on behalf of defendant under Order XI Rule 5(1) read with Section 30 of the CPC seeking directions against non-applicant No.1 (Commissioner of Customs, Air Cargo Export, IGI 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 20/02/2024 at 20:50:25 Airport, New Delhi) to produce invoices and shipping bills for export as available in records corresponding to the following invoices filed by plaintiff:
"i. Invoice no. 181118M dated 28/09/2018. ii. Invoice no. 180189M dated 26/04/2018. iii. Invoice no. 180479M dated 08/06/2018. iv. Invoice no. 180480M dated 08/06/2018. v. Invoice no. 180517M dated 13/06/2018. vi. Invoice no. 180518M dated 13/06/2018. vii. Invoice no. 180558M dated 18/06/2018. viii. Invoice no. 180559M dated 18/06/2018. ix. Invoice no. 180587M dated 22/06/2018. x. Invoice no. 180588M dated 22/06/2018. xi. Invoice no. 180671M dated 06/07/2018. xii. Invoice no. 190509M dated 04/06/2019. xiii. Invoice no. 190510M dated 04/06/2019. xiv. Invoice no. 190524M dated 06/06/2019. xv. Invoice no. 190525M dated 06/06/2019. xvi. Invoice no. 190534M dated 06/06/2019. xvii. Invoice no. 190535M dated 06/06/2019. xviii. Invoice no. 190537M dated 06/06/2019. xix. Invoice no. 190544M dated 08/06/2019. xx. Invoice no. 190545M dated 08/06/2019. xxi. Invoice no. 190559M dated 08/06/2019."
2. Mr. Jayant Kumar, Counsel for plaintiff/non-applicant no.2 accepts notice and seeks time to file a response which may be done within the next 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 20/02/2024 at 20:50:25 two weeks with copies to the opposing side who may file a rejoinder before the next date of hearing.
3. Notice be issued to non-applicant No.1 on steps being taken by defendant through all permissible modes including serving through the standing counsel.
CCP(O) 14/2024 in CS(COMM) 374/2023
1. This petition has been filed under Section 11 and 12 of the Contempt of Courts Act, 1971 read with Section 151 of CPC, 1908 alleging disobedience of direction passed by this Court on 11th October, 2023. The following directions are adverted to by Senior Counsel for defendant of the said order in paragraph 9 which is extracted below:
"9. Accordingly, prayer (b) is also granted to the extent that the plaintiff would provide inspection, by the defendant, of the digital versions in the format in which they were originally created, along with the metadata of the respective digital documents, to the extent available with the plaintiff, of the documents which have been sought to be introduced as electronic records by the plaintiff's affidavits dated 29 May 2023 and 31 May 2023."
2. It is contended that despite the said order, plaintiff has not provided the electronic records and meta data of documents, which is in violation of the orders of this Court.
3. Mr. Chander M. Lall, Senior Counsel for the plaintiff has contended that as per the direction in para 9 they were to provide the inspection of documents "to the extent available with the plaintiff". He states that for some of these documents, he does not have the access to the meta data and, therefore, cannot provide the same.
4. In this situation, the plaintiff shall file a reply to the petition and place on affidavit a tabulation of the list of documents that they have disclosed 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 20/02/2024 at 20:50:25 along with the plaint and indicate in front of each document, whether (i) electronic copies are available and (ii) meta data is available. In those cases where either or both of the two are not available, plaintiff shall provide an explanation for the same in the last column.
5. The said reply supported by an affidavit shall be placed on record within a period of four weeks with copies to the opposing side who may file a rejoinder thereafter, before the next date of hearing. I.A. 3671/2024 in CS(COMM) 891/2023
1. This application has been filed under Order XXXIX Rule 2A CPC on behalf of plaintiff, alleging violation of the order dated 19th December, 2023.
2. Mr. Akhil Sibal, Senior Counsel for the plaintiff has pointed out to the order passed by this Court on 19th December, 2023 in their application under Order XXXIX Rule 1 and 2 CPC (I.A. 25235/2023), noting and directing as under:
"6. Mr. Lall undertakes, on instructions, that his clients would not use the impugned pack, till the next date of hearing. He also undertakes that, if any goods bearing the impugned pack are lying in stocks with them, they would not be released into market. He also submits that his client would withdraw, from Defendants 3 and 4, all packs of oil seals bearing the allegedly deceptively similar outer packing.
...
20. Till the next date of hearing, the defendants shall remain bound by the statement made by Mr. Lall in para 6 supra."
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 20/02/2024 at 20:50:25
3. It is stated that based on the undertaking of the Senior Counsel for the defendants, two aspects arise which are that the defendant Nos.1 and 2 would not be using the impugned packaging and in case any goods having the impugned packaging are lying in stocks, they would not be released in the market.
4. In this regard, Mr. Lall, Senior Counsel for the defendants, states on instructions, that they have fully complied with the same and shall place the same on affidavit in the response to this application.
5. The second aspect relates to the undertaking by defendant Nos.1 and 2 that they would withdraw from defendant Nos.3 and 4 (purportedly distributor and packager of defendant Nos.1 and 2) all packs of oil seals bearing this impugned packaging.
6. Defendant Nos.3 and 4 have not entered appearance through counsel despite having been served notice. In this regard, the investigation which was requisitioned by plaintiff, revealed that defendant No.3 continues to sell defendant No.1's oil seals in the impugned packaging and such products were procured by the investigator. Copy of the invoices dated 05th January, 2024 and 30th January, 2024 are also filed along with the application.
7. On this basis, it is claimed that the defendants have not withdrawn their products inter alia from defendant No.3 and there is lack of compliance of order dated 19th December, 2023.
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 20/02/2024 at 20:50:25
8. Considering the order dated 19th December, 2023 was extended to defendant Nos.3 and 4 on account of the submissions of Senior Counsel for the defendants, it would be apposite that the restraint/injunction is extended to defendant Nos.3 and 4, to secure the rights of plaintiff at this interim stage.
9. Accordingly, defendant Nos.3 and 4 are directed to ensure that they do not release into the market any product with the impugned packaging and ensure that there is no such activity as well downstream through their sub-distributors or other agents or associates.
10. Court Notice shall be issued to defendant Nos.3 and 4 returnable on 20th March, 2024.
11. Defendant Nos.3 and 4 shall file an affidavit of compliance at least a week before the next date of hearing in this regard.
12. List on 20th March, 2024.
13. Interim orders to continue.
14. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 15, 2024/MK/na 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 20/02/2024 at 20:50:25