Delhi High Court - Orders
Jmd Heritage Lawns Private Limited vs Mr Ankit Chawla Proprietor Sadda Pind ... on 27 September, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 673/2022 & I.As. 15850-54/2022
JMD HERITAGE LAWNS PRIVATE LIMITED ..... Plaintiff
Through: Mr. Kapil Wadhwa, counsel for Ms.
Deepika Pokharia and Mr. Mohit
Dagar, Advocates (M: 9315574461).
versus
MR ANKIT CHAWLA PROPRIETOR SADDA PIND
RESTAURANT ..... Defendant
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 27.09.2022
1. This hearing has been done through hybrid mode. I.A. 15854/2022 (seeking exemption from advance service)
2. This is an application seeking exemption from advance service to the Defendant. In the present suit, the Plaintiff seeks protection of the name/ mark 'SADDA PIND' which is used in device form as depicted below:-
3. The grievance of the Plaintiff is that the Defendant is using an identical mark / artistic work for its restaurant. Considering the fact that a Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:28.09.2022 15:59:40 legal notice dated 31st May, 2022 was issued by the Plaintiff and a reply has also been sent by the Defendant to the said notice, instead of exemption from advance service, this Court deems it appropriate to direct the Plaintiff to serve the counsel of the Defendant, Mr. Amitabh Verma, Advocate who had replied to the legal notice on behalf of the Defendant. The details of the ld. Counsel are as under:-
Mr. Amitabh Verma, Advocate Soni Associates, Advocate Chamber Outside Dehar Ka Balaji Temple, Dehar Ka Balajl Sikar Road, Jaipur. Mob. 9461777983
4. Mr. Mohit Dagar, ld. Counsel for the Plaintiff to serve ld. Counsel for the Defendant. Registry to also issue intimation on the mobile number of the above counsel of today's order.
5. I.A. 15854/2022 is disposed of in the above terms. CS(COMM) 673/2022 and I.A. 15850/2022, I.A. 15851/2022, I.A. 15852/2022, I.A. 15853/2022
6. List this matter for preliminary hearing on 7th October, 2022.
PRATHIBA M. SINGH, J.
SEPTEMBER 27, 2022 MR/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:28.09.2022 15:59:40