Delhi High Court - Orders
United Spirits Limited & Anr vs Globus Spirits Limited on 23 January, 2024
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 63/2024
UNITED SPIRITS LIMITED & ANR. ..... Plaintiffs
Through: Mr. Rajshekhar Rao, Sr. Advocate with
Mr. Krvttika Vijay, Mr. Rajiv Chauhan,
Mr. Mukul Kochhar, Advocates.
versus
GLOBUS SPIRITS LIMITED ..... Defendant
Through: Mr. Chander Lall, Sr. Advocate with
Mr. Kapil Wadhwa, Ms. Tejaswini Puri,
Advocates.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 23.01.2024 I.A. 1704/2024(Exemption From Filing Certified, Typed Copies Handwritten pages Annexures Etc).
1. Exemption is granted, subject to all just exceptions.
2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance within four weeks from today or before the next date of hearing, whichever is earlier.
3. Accordingly, the present application is disposed of I.A. 1705/2024 (Exemption from filing additional documents)
1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 as applicable to 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 25/01/2024 at 06:38:23 commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.
2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
3. Accordingly, the present application is disposed of.
I.A. 1706/2024 (Exemption from instituting pre-litigation mediation)
1. Having regard to the facts of the present case and in light of the judgement of Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Private Ltd., FAO (COMM) 128/2021, exemption from attempting pre institution mediation is allowed.
2. Accordingly, the application stands disposed of.
I.A. 1707/2024 (Application under Section 151 of the Code of Civil Procedure, 1908 seeking to leave to file redacted documents).
1. This application has been filed on behalf of the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 seeking leave to file redacted documents.
2. Given the facts and circumstances as stated in the application, and in the interest of justice, the application is allowed. The plaintiff may place on record the relevant redacted documents.
3. Accordingly, the application stands disposed of.
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 25/01/2024 at 06:38:23 CS(COMM) 63/2024
1. Let the plaint be registered as a suit.
2. Upon filing of process fee, issue summons to the defendant by all permissible modes. Summons shall state that the written statement(s) be filed by the defendant within 30 days from the date of receipt of summons. Along with the written statement(s), the defendant shall also file affidavit(s) of admission/denial of the documents of the plaintiffs, without which the written statement shall not be taken on record. Liberty is given to the plaintiffs to file a replication within 30 days of the receipt of the written statement(s). Along with the replication, if any, filed by the plaintiffs, affidavit(s) of admission/denial of documents filed by the defendant, be filed by the plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
3. List before the Joint Registrar for marking of exhibits on 28th March, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
I.A. 1703/2024 (Application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure,1908.
1. This application has been filed under Order XXXIX Rules 1 and 2 as part of the suit for permanent injunction for infringement of copyright, passing off, rendition of accounts and other reliefs sought by the plaintiff.
2. Plaintiff essentially claimed that he is the owner of the registered trademarks which is given below:
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 25/01/2024 at 06:38:23
3. The plaintiff No.2 is the franchisee of the plaintiff No. 1 worldwide.
4. Labels and the device CAREW'S DRY GIN, each of which was registered in 1942, 2005 and 2016. The product which is sold on these labels are alcoholic beverage of 'dry gin' and the plaintiff claims copyright protection as well in the overall colour combination and get up of the said label.
5. It is alleged that the defendant is selling its product also 'dry gin' under its trade mark GLOBUS, however, he has adopted a label which is deceptively similar, as well as the shape of the bottle in which it is sold. A comparative representation is provided as hereunder: -
6. It is stated that the plaintiff came to know about the sale of 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 25/01/2024 at 06:38:24 defendant's product in 2022 and thereafter approached the proprietor of the defendant and despite extensive talks, which as per the plaintiff were expected to reach some kind of resolution, the defendant herein filed a caveat before the Bombay High Court anticipating a civil suit by the plaintiff.
7. Accordingly, the said suit has been filed.
8. Mr. Kapil Wadhwa, Advocate appearing on behalf of the defendant accepts notice in the said application and will file a response within the next two weeks with a copy to the opposing side.
9. Mr. Chander Lall, Senior Counsel appearing for the defendant states that the sales of the defendant's product are many times more than what has been sold by the plaintiff. Details supporting such an assertion may be included as part of the reply. The defendant must also disclose the volume of sales per territory in the said reply and the years since when it has been sold. Rejoinder be filed two weeks thereafter.
10. In any event, counsels have also agreed to facilitate an attempt to resolve the matter between the parties.
11. Parties may appear before the Mediator on 31st January, 20024 at 04:00 P.M.
12. List on 21st March, 20204.
13. Copy of the order be also sent to Organising Secretary of Delhi High Court Mediation and Conciliation Centre for compliance.
14. In the event, if the parties achieve a settlement prior to the next date, they are at liberty to move an application before this Court.
15. Order be uploaded on the website of this Court.
ANISH DAYAL, J JANUARY 23, 2024/RK/ig 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 25/01/2024 at 06:38:24