Delhi High Court - Orders
Krbl Limited vs Rajesh Kejriwal Trading As Chemical ... on 21 March, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.O. (COMM.IPD-TM) 502/2022 & I.A. 9897/2023
KRBL LIMITED ..... Petitioner
Through: Mr. Ajay Amitabh Suman, Advocate.
versus
RAJESH KEJRIWAL TRADING AS CHEMICAL CENTRE INDIA
AND ANR. ..... Respondents
Through: Mr. Parmod Kumar Jain, Advocate
for R-1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 21.03.2024 I.A. 3233/2024(under Order XI Rule 1(5) of Commercial Courts Act, 2015 on behalf of Petitioner)
1. Through this application, Petitioner seeks to place on record the documents mentioned in paragraph no. 3 of the application, which are as follows:
"a. Copy of registration certificate and status page pertaining to Petitioner's registered Trademark INDIA GATE under no. 599833 in class 30. b. Copy of Assignment deed dated 06.08.2019 between Ram Pratap and KRBL Ltd.
c. Copy of order dated 31.07.2019 passed by Registrar of Trademarks declaring Petitioner's Trademark as a well known trade mark.
d. Copy of Page No. 8330 of Trademark Journal No.1915, dated 19.08.2019 whereby Petitioner's Trademark INDIA GATE was notified as Well Known Trademark.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2024 at 12:13:32 e. Copy of the Judgment dated 04.09.2019 passed by Ms. Twinkle Wadhwa, Hon'ble ADJ-03, PHC/New Delhi in suit bearing TM No.146 of 2018 titled as KRBL Ltd. Vs Chennai Gate Rice Industries. [INDIA GATE Vs CHENNAI GATE].
f. Copy of Order dated 08.02.2019 passed by Hon'ble High Court of Delhi in Appeal bearing FAO No.49 of 2019 titled as Chennai Gate Rice Industries Pvt. Ltd. Vs KRBL Ltd.
g. Copy of the Judgment dated 16.05.2017 passed by Mr. Surinder S Rathi, Hon'ble Patiala House District Court, Delhi in suit bearing TM No.32 of 2017 titled as KRBL Ltd. Vs Sai Trading Company.
h. Copy of Orders dated 14.12.2017 and 30.10.2023 passed by Hon'ble High Court of Delhi in Appeal bearing FAO 265/2017[Now renumbered as FAO-IPD 8/2022 titled as Sai Trading Company Vs KRBL Ltd.
i. Copy of Authorization/ Board Resolution dated 08.11.2021 in favour of Mr. Himalaya Koul.
j. Certified Sales Figure and advertisement expenses of Petitioner."
2. Mr. Parmod Kumar Jain, counsel for Respondent No. 1, objects to the relevancy of the said documents in the present proceedings.
3. The documents sought to be placed are court decisions, copies of trademark journals relating to notification of Petitioner's trademark "INDIA GATE" as a well-known trademark, assignment deed whereunder the Petitioner obtained rights over the said trademark and board resolution appointing the Authorized Representative. Considering the nature of the documents, the Court is of the opinion that the same should be taken on record.
4. Accordingly, the application is allowed and the documents mentioned in paragraph No. 3 (a) to (j) of the application are taken on record, subject to just exceptions. Respondent No. 1's objection regarding the authenticity and relevance of such documents is kept open, which shall be considered at the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2024 at 12:13:32 stage of adjudication.
5. Disposed of.
C.O. (COMM.IPD-TM) 502/2022
6. At request of counsel for parties, list the matter for hearing on 07th August, 2024.
SANJEEV NARULA, J MARCH 21, 2024 d.negi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/03/2024 at 12:13:32