Delhi High Court - Orders
Vishal Pipes Limited vs Bhavya Pipe Industry on 2 March, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:03.04.2022
13:49:34
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO-IPD 1/2022
VISHAL PIPES LIMITED ..... Appellant
Through: Mr. Shrawan Kumar Bansal & Mr.
Somnath De, Advocates.
(M:8860987189)
versus
BHAVYA PIPE INDUSTRY ..... Respondent
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 02.03.2022
1. This hearing has been done through hybrid conferencing. CM No. 17/2022 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. CM No. 15/2022 (for exemption)
3. This is an application seeking exemption from effecting advance service on the Respondent/Defendant (hereinafter "Defendant") through electronic mode.
4. For the reasons stated in the application, the same is allowed. Accordingly, this application is disposed of.
CM No. 16/20225. This is an application seeking summoning of the digital copy of complete record of suit bearing no. TM 1 of 2022 titled Vishal Pipes Ltd. v. Bhavya Pipe Industry. Let the digital copy of the complete record in the said suit, be requisitioned for the next date of hearing, from the Court of Ld. ADJ-03, Patiala House Courts, New Delhi.
FAO-IPD 1/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:03.04.2022 13:49:346. Accordingly, this application is disposed of. FAO-IPD 1/2022, CM No. 12/2022 (for stay) & CM No. 13/2022(for interim injunction)
7. The present is a first appeal from order, challenging the impugned order dated 28th January, 2022, by which the ld. ADJ, Patiala House Courts, Delhi, has refused to grant an ex-parte injunction and has also not appointed a Local Commissioner. By the impugned order the ld. ADJ has merely issued notice to the Defendant, upon payment of process fee by the Plaintiff/ Appellant (hereinafter "Plaintiff"). The competing marks in this case are 'VPL' and 'BPI'. The submission of Mr. Bansal, ld. Counsel appearing for the Plaintiff, is that the manner in which the mark is being used on the PVC pipes shows that the logos are identical and the marks are also phonetically similar.
8. At this stage, this Court deems it appropriate to issue notice to the Defendant. The prayer for interim injunction shall be considered on the next date of hearing.
9. List on 30th March, 2022.
10. Another peculiar question has also arisen in this suit. It is noticed that the matter arises out of an order passed by the ld. ADJ-03 in the Patiala House Courts Complex, Delhi, who is not designated as a "commercial court". On the previous date being 28th February, 2021, this Court raised a query as to whether a District Court which is not designated as a "commercial court" can hear IPR matters in view of the provisions of the Commercial Courts Act, 2015 and the Trademarks Act, 1999.
11. Today, Mr. Bansal, ld. Counsel, has made his submissions in this regard. Mr. Sidharth Chopra, ld. counsel who is present in Court, has also FAO-IPD 1/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:03.04.2022 13:49:34 made his submissions. Ms. Swathi Sukumar, ld. Counsel, who was appointed as Amicus Curiae on the previous date, has also partly made her submissions.
12. Considering the importance of the matter, Mr. Akhil Sibal, ld. Sr. Counsel who is present in Court, has also been requested to examine this issue and assist the Court on the next date. Other counsels, who wish to make submissions, are also permitted to make submissions in this regard.
13. List for further hearing on this specific issue, on 8th March, 2022. CM No. 14/2022(for appointment of Local Commissioner)
14. This is an application filed by the Plaintiff seeking appointment of a Local Commissioner. Considering the nature of the dispute, this Court deems it appropriate to appoint a Local Commissioner. Accordingly, Ms. Elisha Kumari, Advocate, who is present in Court, (Mobile no.- 9899150774; E-mail - [email protected]) is appointed as the Local Commissioner to undertake the following tasks:
1. The Local Commissioner to visit the premises of the Defendant at Bhavya Pipe Industry, F 39, Site C Rd, Surajpur Industrial Area, Block K, UPSIDC Site B, Gulistanpur, Greater Noida, Uttar Pradesh 201306.
2. The Local Commissioner shall make a complete inventory of the stock of all the products including pipes, packaging, cartons, promotional material etc., bearing the 'BPI' mark and logo.
3. The Local Commissioner shall obtain the details of the period from when the products bearing the said mark/logo are being sold by the Defendant and obtain copies of the accounts. The FAO-IPD 1/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:03.04.2022 13:49:34 Local Commissioner shall file the same in a pen drive before this Court, along with the Report. The Defendant shall cooperate and give to the Local Commissioner, the password to the computer file containing the accounts, if the same is on a computerised software.
4. The Local Commissioner would take assistance from the Local SHO in executing the Commission.
5. The Local Commissioner is permitted to take photographs or videography of the proceedings if it is deemed appropriate.
Two representatives of the Plaintiff, which would include a lawyer, are permitted to accompany the Local Commissioner.
6. The Local Commissioner, while executing the local commission, shall ensure that there is no disruption to the business of the Defendants except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner and the Defendants shall cooperate with the Local Commissioner.
15. The fee of the Local Commissioner is fixed at Rs.75,000/-. The commission shall be executed and the report shall be filed by the Local Commissioner containing all the above particulars, on or before 10th March, 2022.
16. List on 30th March, 2022. The present order be not uploaded till 15th March, 2022. Dasti.
PRATHIBA M. SINGH, J.
MARCH 02, 2022/dj/ms FAO-IPD 1/2022 Page 4 of 4