Delhi High Court - Orders
M/S Laxmi Agro Impex India vs M/S Ladli India Commodities on 4 September, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 86/2019 and CRL.M.A. 7544/2019
M/S LAXMI AGRO IMPEX INDIA ..... Plaintiff
Through: Mr Umesh Mishra, Adv. (M-
9868401295)
versus
M/S LADLI INDIA COMMODITIES ..... Defendant
Through: Mr. Shailen Bhatia, Mr Amit Jain &
Ms Zeba Tarannum Khan, Advocates
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 04.09.2023
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff- M/s Laxmi Agro Impex India seeking protection of its mark 'LADLI/SABKI LADLI'. The mark 'SABKI LADLI' is a registered trade mark bearing no. '1901443' in Class 30.
3. Both the ld. Counsels have been heard. They submit that the rectification petitions under Section 57 of the Trade Marks Act, 1999 are pending before the Registrar of Trademarks and not before any High Court.
4. Mr. Bhatia, ld. Counsel submits that the rectification filed by his client was prior to the institution of the present suit whereas Mr. Mishra's client- the Plaintiff has sought cancellation of the Defendant's mark post the filing of the suit.
5. Considering that these are parallel proceedings could lead to multiplicity of litigation, it is deemed appropriate to permit both parties to withdraw their respective rectification petitions and file fresh petitions 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 16/09/2023 at 16:09:21 before this Court so as to consider a consolidation trial in all the proceedings.
6. List on 21st February, 2024.
PRATHIBA M. SINGH, J.
SEPTEMBER 4, 2023 Rahul/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 16/09/2023 at 16:09:21