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Delhi High Court - Orders

Sh.Gian Chand Garg vs Britannia Industries Ltd on 11 April, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~34
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS(OS) 1196/2005
                                 SH.GIAN CHAND GARG                                     ..... Plaintiff
                                                    Through:     None.

                                                    versus

                                 BRITANNIA INDUSTRIES LTD.                           ..... Defendant
                                                    Through:     Mr. Siddharth Bawa, Mr. Anuj Garg
                                                                 and Mr. Mohit Sharma, Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                    ORDER

% 11.04.2023 I.A. 6619/2023 (for modification/correction of/in the judgment dated 06.02.2023)

1. Defendant/ Counter Claimant seeks correction of a typographical error that has crept in the second line of paragraph No. 7 of the judgment dated 06th February, 2023. It is pointed out that the Defendant had commenced usage of the "GOOD DAY" mark in the year 1986, which fact has also been noted in paragraph No. 4; however, inadvertently, in paragraph No. 7, the year is mentioned as 1993.

2. The Court is satisfied that the observation qua the year of use made in paragraph No. 7 of the judgement is indeed a typographical error as the Defendant's trademark "GOOD DAY" for biscuits was registered on 03rd April, 1986 under trademark application No. 452003. Accordingly, the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:12.04.2023 10:49:19 present application is allowed and the year mentioned in the second line of paragraph No. 7 of the judgment shall be read as 1986 instead of 1933.

3. Disposed of.

SANJEEV NARULA, J APRIL 11, 2023 nk Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:12.04.2023 10:49:19