Delhi High Court - Orders
Intercontinental Great Brands vs Parle Product Private Limited on 8 December, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 64/2021 & I.A. 9353/2021
INTERCONTINENTAL GREAT BRANDS ..... Plaintiff
Through Ms. Nancy Roy and Ms. Payal
Kalhan, Advs.
versus
PARLE PRODUCT PRIVATE LIMITED ..... Defendant
Through Mr. N.K Bhardwaj, Mr. Bikash
Ghorai and Ms. Nabhanya Suri, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 08.12.2021 I.A. 9353/2021
1. This is an application under Order XI Rule 10 of the CPC, as amended by the Commercial Courts Act, 2015, to take the document, which seeks to depict the comparison of the old packaging being employed by the defendant and the proposed new trade dress, on record.
2. Ms. Nancy Roy, learned Counsel for the plaintiff, submits that, while she has no objection to the document being taken on record per se, the document is of limited relevance to the dispute in controversy, as it only pertains to a limited-edition campaign. She further asserts that the plaintiff has not changed the packaging which is the subject matter of dispute, though Ms. Nabhanya, learned Counsel for the defendant submits that this is a matter which has to be decided in trial.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 64/2021 Page 1 of 2 Signing Date:11.12.2021 08:05:073. Nonetheless, as the prayer is only to take the document on record, it is allowed.
4. The document is taken on record. The application is disposed of accordingly.
C. HARI SHANKAR, J DECEMBER 8, 2021 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 64/2021 Page 2 of 2 Signing Date:11.12.2021 08:05:07