Vikrant Chemico Industries Pvt Ltd vs Shri Gopal Engineering And Chemical ... on 14 March, 2022

[Cites 3, Cited by 1]

Delhi High Court - Orders

Vikrant Chemico Industries Pvt Ltd vs Shri Gopal Engineering And Chemical ... on 14 March, 2022

Bench: Prathiba M. Singh

                                                           Signature Not Verified
                                                           Digitally Signed
                                                           By:DEVANSHU JOSHI
                                                           Signing Date:17.03.2022
                                                           08:03:43


$~9 (2020 List)
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS (COMM) 85/2018 & CRL.M.A. 4189/2020, I.A. 2657/2020
      VIKRANT CHEMICO INDUSTRIES PVT LTD         ..... Plaintiff
                  Through: Mr. Siddharth Chopra, Mr. Nitin
                           Sharma and Mr. Sohrab Singh Mann,
                           Advocates.
                  versus

      SHRI GOPAL ENGINEERING AND CHEMICAL WORKS PVT
      LTD & ORS                                ..... Defendants
                     Through: Mr. Peeyoosh Kalra and Mr. Rohan
                              Kapoor, Advocates. (M:8800934843)
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 14.03.2022

1. This hearing has been done through hybrid mode. I.A.2657/2020 (for summoning of witnesses and records)

2. This is an application under Order XVI Rule 1 (ii) CPC seeking summoning the witnesses and records of Mariumpur Hospital, and UHM Government Hospital, both located at Kanpur to prove the allegation that the invoices relied upon by the Defendants to show the user of the mark 'GERM TROLL' are forged and fabricated. The allegation of forgery and fabrication is denied by the Defendants.

3. Evidence in this matter stands concluded. If at the stage of final hearing, the Court feels necessary to summon the record, it would pass appropriate directions.

4. At this stage, the application is disposed of in these terms.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.03.2022 08:03:43

CS (COMM) 85/2018 & CRL.M.A.4189/2020 (u/S 340 Cr.P.C.)

5. The Supreme Court vide order dated 18th October, 2019 passed in SLP(C) No. 4403/2019 titled Shri. Gopal Engineering and Chemical Works v. Vikrant Chemico Industries had passed the following order:

"The Special Leave Petition is disposed of by requesting the High Court to take up the Suit and dispose of the same within a period of six months from today. The stay granted by our order dated 08.02.2019 to continue in the meanwhile. If this is not done, it will be open for Mr. Guru Krishna Kumar's client to apply for suitable interim orders in the Suit notwithstanding the fact that this Court has stayed the order of the High Court.

Pending application also stands disposed of."

6. Considering that the Supreme Court had directed the High Court to dispose of the suit within six months, the matter is listed for final hearing on 18th May, 2022 at 2:30 pm.

7. Parties may file their short written synopsis along with issue wise judgments that they wish to rely upon, giving reference to the digital page numbers. The same shall be filed at least one week before the next date, and be exchanged by the ld. Counsel of the parties.

8. Parties are permitted to obtain the electronic copy of the court record from the Registry, upon request, in order to assist the Court on the next date.

PRATHIBA M. SINGH, J.

MARCH 14, 2022/dk/sk

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders