Delhi High Court - Orders
Parle Agro Private Limited vs Surya Fresh Foods Private Limited on 16 August, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 145/2021 & I.A. 4551/2021
PARLE AGRO PRIVATE LIMITED ..... Plaintiff
Through: Mr. Akhil Sibhal, Sr. Advocates with
Mr. Ankur Sangal, Mr. Shashwat
Rakshit and Ms. Sucheta Roy,
Advocates. (M:8874643389)
versus
SURYA FRESH FOODS PRIVATE LIMITED ..... Defendant
Through: Mr. N. Mahabir and Mr. P. C. Arya,
Advocates. (M:9818119491)
AND
+ CS(COMM) 346/2021 & I.A. 9317/2021, 4408/2022
SURYA FRESH FOODS LIMITED ..... Plaintiff
Through: Mr. N. Mahabir and Mr. P. C. Arya,
Advocates.
versus
PARLE AGRO PVT. LTD. AND ANR. ..... Defendants
Through: Mr. Akhil Sibhal, Sr. Advocates with
Mr. Ankur Sangal, Mr. Shashwat
Rakshit and Ms. Sucheta Roy,
Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.08.2022
1. This hearing has been done through hybrid mode. I.A. 4408/2022(for additional documents) in CS(COMM) 346/2021
2. This is an application seeking leave to place additional documents on record. The additional documents placed on record by the Plaintiff - Surya Fresh Foods Limited (hereinafter, "Surya") are taken on record, subject to Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.08.2022 13:20:06 any rebuttal documents to be filed by the Defendant No.1 - Parle Agro Pvt. Ltd. (hereinafter, "Parle"), by the next date of hearing before the Joint Registrar.
3. I.A. 4408/2022 is disposed of.
CS(COMM) 145/2021 & I.A. 4551/2021 CS(COMM) 346/2021 & I.A. 9317/2021
4. The present suit has been filed seeking permanent injunction restraining the infringement of trademarks, passing off, unfair trade practice, damages and delivery up, and other reliefs. The dispute, in the present two suits, is in respect of the trade dress of competing apple-based drinks which are sold by Parle under the mark 'APPY FIZZ', as also, by Surya under the mark 'FRESH FIZZY'.
5. After some hearing, it appears that the parties are willing to explore the possibility of an amicable resolution of the dispute, if some elements of the trade dress are modified. Accordingly, list before the Delhi High Court Mediation and Conciliation Centre (hereinafter "Mediation Centre") on 2nd September, 2022 at 3:00 P.M.
6. Parties to appear before the Mediation Centre either virtually or physically, subject to convenience of all concerned. It shall be ensured that competent officials on behalf of the parties shall be present in the mediation proceedings.
7. Let the proposed artworks be shared by ld. Counsel for Surya with ld. Counsel for Parle. Let the said artworks be placed before the Court on the next date of hearing.
8. List before the Joint Registrar for admission/denial on 31st August, 2022.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.08.2022 13:20:069. List before the Court on 2nd November, 2022.
PRATHIBA M. SINGH, J.
AUGUST 16, 2022 dj/ad Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.08.2022 13:20:06