Delhi High Court - Orders
Mr Sidharth Sareen And Anr vs Ms Benz Packaging Solutions Pvt Ltd & Anr on 23 September, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 556/2022
MR SIDHARTH SAREEN AND ANR ..... Plaintiffs
Through: Mr. Adarsh Ramanujan, Mr. Lzafeer
Ahmad BF, Mr. Skanda Shekhar, Mr.
Antriksh Mishra & Mr. Sonal Mishra,
Advocates (M-9582296522)
versus
MS BENZ PACKAGING SOLUTIONS PVT LTD
& ANR. ..... Defendants
Through: Mr. Kapil Midha, Ms. Sutapa Jana &
Ms. Versha Singh, Advocates (M-
9891917089)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 23.09.2022
1. This hearing has been done through hybrid mode.
I.A. 15251/2022 (u/O XXXIX Rule 4 CPC) & I.A. 15704/2022 (u/O XXXIX Rule 2A r/w Order XXXIX Rule 4 CPC) in CS(COMM) 556/2022
2. I.A. 15251/2022 is filed on behalf of the Defendants under Order XXXIX Rule 4 CPC seeking vacation of the interim order dated 18th August, 2022, whereby an ex parte ad-interim injunction was granted, in the following terms:
"22. From the product description and the brochure which has been placed on record, it is clear that there is non-woven fabric with VCIs such as octanoic acid and benzotriazole, which have been used by the Defendants. This would prima facie be an infringement of claim no.1 of the granted patent of the Plaintiffs.
23. The Plaintiffs have made out a prima facie case in Signature Not Verified Digitally Signed CS(COMM) 556/2022 Page 1 of 4 By:DEVANSHU JOSHI Signing Date:26.09.2022 18:53:32 their favour for grant of ex-parte interim injunction. Balance of convenience lies in the favour of the Plaintiffs and if no injunction is granted at this stage, irreparable injury would be caused to the Plaintiffs. Accordingly, till the next date of hearing, the Defendants are restrained from manufacturing, selling and offering for sale, importing of non-woven VCI, which is known as 'Propatech VCI NW Sheet'. However, the Defendants would be free to honor or make the supplies in respect of any purchase orders, which have already been placed with them. For the said purpose, the Defendants shall disclose to the Local Commissioners being appointed today, the details of the said purchase orders."
3. Mr. Kapil Midha, ld. Counsel for the Defendants submits that the suit patent is prima facie invalid inasmuch as there are several Volatile Corrosion Inhibitors (hereinafter, "VCI") products, with woven and non- woven fabrics, which are known prior to the date of filing of the suit patent i.e., 25th October, 2017. Ld. Counsel has taken the Court through some documents which have been annexed with the present application to establish the invalidity of the suit patent.
4. Issue notice in the present application. Let reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
5. In the meantime, vide order dated 18th August, 2022, this Court had granted permission to the Defendants to honour the purchase orders which may have already been placed with them. The said direction has been extracted hereinabove.
6. Pursuant to the said direction, Mr. Midha, ld. Counsel for the Defendants has handed over a chart consisting of various purchase orders placed with the Defendants between April, 2022 and September, 2022. A Signature Not Verified Digitally Signed CS(COMM) 556/2022 Page 2 of 4 By:DEVANSHU JOSHI Signing Date:26.09.2022 18:53:32 perusal of the same shows that, according to the Defendants, a large number of the said purchase orders have been partially honoured and there are balance supplies which are to be made by the Defendants.
7. In terms of the said chart, the Defendants are permitted to honour all the pending purchase orders placed with them between April, 2022 to August, 2022, subject to competent officials of the Defendant No.1 filing an affidavit giving the details of the supplies made and the monetary value thereof. If the names of the customers and the pricing in the said purchase orders is confidential, the same may be filed with the Court in a sealed cover and a copy of the same be supplied to the Plaintiffs after redacting the confidential information.
8. It is made clear that the documents with the chart handed over to the Court by the Defendants today shall be kept in a sealed cover and shall not be open to inspection by the Plaintiffs.
9. Mr. Midha, ld. Counsel for the Defendants has also raised a grievance in respect of the various communications which have been issued by the Plaintiffs and other persons on their behalf, to several customers of the Defendants, publicising the orders passed by this Court and also using derogatory language in respect of the Defendants. One such WhatsApp message has also been shown to the Court.
10. In response, ld. Counsel for the Plaintiffs, under instructions, submits that the said communications were issued under advice and the Plaintiffs do not intend to malign the Defendants in any manner.
11. Accordingly, the Plaintiffs are directed not to publicise the order dated 18th August, 2022 passed by this Court, as also, not to circulate the same amongst the customers of the Defendants as the question of validity of Signature Not Verified Digitally Signed CS(COMM) 556/2022 Page 3 of 4 By:DEVANSHU JOSHI Signing Date:26.09.2022 18:53:32 the suit patent is still pending before this Court. Parties are permitted to issue a clarification to this effect, after mutually agreeing upon the text of such clarification. The same shall be shared between Mr. Kapil Midha and Mr. Ramanujan, ld. Counsel.
12. It is submitted that Defendant No.2 - Mr. Manan Chopra is a Director of Defendant No.1. Since the main entity is Defendant No.1, no relief is being sought against the Defendant No.2 personally, at this stage. Accordingly, Defendant No.2 is deleted from the array of parties. Let the amended memo of parties be placed on record by the next date.
13. List on 11th November, 2022 i.e., the date already fixed.
PRATHIBA M. SINGH, J.
SEPTEMBER 23, 2022/Rahul/AD Signature Not Verified Digitally Signed CS(COMM) 556/2022 Page 4 of 4 By:DEVANSHU JOSHI Signing Date:26.09.2022 18:53:32