Delhi High Court - Orders
Saga Lifesciences Limited vs M/S Anaadi Global Co. & Ors on 7 March, 2024
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 574/2023, I.A. 15667/2023, I.A. 19731/2023 & I.A.
3767/2024
SAGA LIFESCIENCES LIMITED ..... Plaintiff
Through: Mr. Vikas Khera and Ms. Kadhu
Khatri, Advocates.
versus
M/S ANAADI GLOBAL CO. & ORS. ..... Defendants
Through: Mr. Anshuman Upadhyay, Mr.
Naseem, Ms. Apoorva Sharma and
Mr. Rahul Singh, Advocates.
Ms. Shilpa Gupta and Mr. Raghav
Goyal, Advocates for D-3.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 07.03.2024 I.A. 15667/2023 (under Order XXXIX Rules 1 & 2 CPC)
1. Pursuant to the threshold objections taken by defendants as regards the suit filed by plaintiff company in contradistinction to the registered trademarks on the basis of which they had filed the suit being in the name of "SAGA LABORATORIES", a partnership firm, counsel for plaintiff has pointed out to the following:
(1) Memorandum of Association of Saga Lifesciences Limited which states that a deed of partnership executed on 12th April, 2019 between partners of Saga Laboratories, have resolved that all members of the co-partnership should register themselves under Section 366 - 374 of the Companies Act, 2013, as a public limited 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 13/03/2024 at 20:45:54 company for carrying on the said business. It was further resolved that the name and style of M/s Saga Laboratories after registration shall be M/s Saga Lifesciences Limited. The said Memorandum of Association has a list of partners and it also states that all properties of M/s Saga Laboratories shall vest in the company. (2) Some of the applications filed vide Form TM-M and TM-P for transmission/change of name from the registered trademarks under class 5 and for Saga Laboratories/ Saga Lifesciences Limited. The said forms are still to be processed.
(3) Counsel for plaintiff states that they are under process of filing other similar forms for various other marks which are registered in the name of Saga Laboratories and will place the same on record, if so filed, or make a statement on affidavit and place the same on record. (4) Section 366 of the Companies Act, 2013 has been adverted to by counsel for plaintiff to show that inter alia partnerships are eligible to register as a public limited company.
(5) Reliance has been placed on the following judgments to buttress their contention that the transfer of the registered trademark in the name of the transferee may be pending but that does not debar the plaintiff from protecting the violation of their registered trademarks:
a) M/s. Modi Threads Limited vs. M/s Som Soot Gola Factory and anr, AIR 1992 Del 4
b) Cinni Foundation v Raj Kumar Sah & Sons & Anr., ILR (2010) I DELHI 754 C.S. (OS)
c) Wockhardt Limited v Eden Healthcare Pvt Ltd, 2014 SCC OnLine Bom 163 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 13/03/2024 at 20:45:54
d) Gulab oil and Food (Ahmedabad) Pvt. Ltd. v Madhu Gupta, 2022 SCC OnLine Del 3785
2. Defendants have raised objections relating to one of their partners, Mr. Arvindbhai Hiralal Shah, whose name was mentioned in the registration certificates, whose name does not find mention in the Memorandum of Association. Counsel for plaintiff will seek instructions in this regard and shall place the status in his affidavit in this regard. He shall also file the Certificate of Incorporation.
3. In this view of the matter, counsel for defendants seeks time to place his submissions and response on the merits of the matter. CS(COMM) 605/2023
1. List on 24.04.2024.
2. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 7, 2024/kct/na 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 13/03/2024 at 20:45:55