Delhi High Court - Orders
M/S Bharat Biotech International Ltd vs Optival Health Solutions Pvt. Ltd. & Anr on 18 January, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 1248/2018 and I.A. 16074/2018
M/S BHARAT BIOTECH INTERNATIONAL LTD.
..... Plaintiff
Through: Mr. P.B. Suresh, Mr. Vipin Nair,
Mr. Sughosh S.N. and Mr. Karthik
Jayashankar, Advocates
Versus
OPTIVAL HEALTH SOLUTIONS PVT. LTD. & ANR.
..... Defendants
Through: Mr. R.V. Yogesh and Ms. Snigdha
Singh, Advocates for D1
Ms. Vrinda Pathak, Advocate for D2
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 18.01.2021 I.A. 1997/2019 (Under Section 5 Limitation Act filed by Defendant No.1 seeking Condonation of Delay)
1. The present application has been filed under Section 5 of the Limitation Act on behalf of defendant No.1 seeking condonation of delay of 3 days in filing the written statement.
2. For the reasons stated in the application, the delay of 3 days in filing the written statement by defendant No.1 is condoned and the application is allowed.
3. The application stands disposed of. I.A. 821/2021 (Under Section 124 Trade Mark Act, 1999)
1. The present application has been filed under Section 124 of the Trade Mark Act, 1999 on behalf of defendant No.2.
2. Issue notice.
3. Mr. Karthik Jayashankar, learned counsel for the plaintiff, who appears on advance notice, accepts notice and seeks some time to file the reply.
4. List on 27.01.2021.
I.A. 855/2021 (Under Section 124 of Trade Mark Act, 1999 by defendant No.2)
1. Learned counsel for defendant No.2 submits that inadvertently, two applications seeking the same relief have been filed and the relief claimed in the present application is the same as claimed in I.A. 821/2021 and as such seeks leave to withdraw the present application.
2. Leave, as prayed for, is granted. The present application is dismissed as withdrawn.
MANOJ KUMAR OHRI, J JANUARY 18, 2021 na Click here to check corrigendum, if any