Delhi High Court - Orders
Gupta And Gupta Pvt Ltd vs Khan Chacha Hydrabadi Biryani And Ors on 9 October, 2023
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 62/2023
GUPTA AND GUPTA PVT LTD ..... Plaintiff
Through: Mr. Gurinder Pal Singh, Mr.
Mr. Sidharth Borah, Ms. Jaya Bajpai and
Ms. Kashish Dev, Advs.
versus
KHAN CHACHA HYDRABADI BIRYANI AND ORS
..... Defendants
Through: Mr. Tushar John, Adv. for D-
25/Zomato Ltd.
Mr. Abhay Pratap Singh and Ms. Mitali
Umat, Advs. for D-26
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 09.10.2023 I.A. 19847/2023 (under Section 151 of the CPC)
1. Mr. Tushar John, learned Counsel who appears for Defendant 25, being one of the persons who is alleged in this application to have violated the orders passed by this Court, submits that, owing to unavoidable reasons, his client could not file a response to the IA 12358/2023 within the time granted by this Court, even as extended, as a result of which, by order dated 18 September 2023, the learned Joint Registrar has closed the right to Defendant 25 to file a response to IA 12358/2023. He submits that he has subsequently filed a reply vide diary no. E-1847082/2023.
2. As IA 12358/2023 is an application under Order XXXIX Rule CS(COMM) 62/2023 Page 1 of 4 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 13/10/2023 at 01:38:32 2A of the CPC, which exhorts the court to pass punitive orders against the defendants, it would be in the fitness of thing that the reply is taken on record.
3. Accordingly, if the reply does not suffer from any other defects, the Registry is directed to place it on record.
4. Mr. Singh, learned Counsel for the plaintiff, seeks and is granted two weeks to file rejoinder thereto.
5. This application stands disposed of.
IA 12358/2023 (under Order XXXIX Rule 2A of the CPC)
6. List this application before this Court for hearing and disposal on 15 January 2024.
I.A. 19498/2023 (under Order I Rule 10(2) of the CPC)
7. This is an application by the plaintiff seeking to implead (i) KCB-Khan Chacha Ki Biryani's, (ii) Khan Chacha 2x Filling Roll and
(iii) Hotel Khan Chacha Family Restaurant as Defendants 28, 29 and 30 respectively, as it is stated that the plaintiff has come to learn that the said defendants are also carrying out infringing activities.
8. Needless to say, there can be no opposition to this application by any of the existing defendants nor do they oppose the application.
9. As such, the application is allowed.
CS(COMM) 62/2023 Page 2 of 4This 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 13/10/2023 at 01:38:32
10. (i) KCB-Khan Chacha Ki Biryani's, (ii) Khan Chacha 2x Filling Roll and (iii) Hotel Khan Chacha Family Restaurant are permitted to be impleaded as Defendants 28, 29 and 30 respectively.
11. The amended memo of parties filed with the application is taken on record.
12. The application is allowed accordingly.
I.A. 19695/2023 (under Order VI Rule 17 of the CPC)
13. This is a sister application to IA 19498/2023 which seeks to amend the plaint in the present suit to incorporate any assertions with regard to the three newly proposed defendants in IA 19498/2023.
14. The only amendment that is sought is in the prayer clause. As, by a separate order passed today, IA 19498/2023 stands allowed, the amendment has also necessarily to be allowed.
15. Accordingly, the prayer for amending the plaint contained in the present application is allowed.
16. The amended plaint filed with the application is taken on record.
I.A. 19710/2023 (under Order XI Rule 1 (5) of the CPC, as amended by the Commercial Courts Act)
17. This is an application on behalf of the plaintiff under Order XI Rule 1 (5) of the CPC, as amended by the Commercial Courts Act, CS(COMM) 62/2023 Page 3 of 4 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 13/10/2023 at 01:38:33 2015, to take certain additional documents on record.
18. It is not opposed by the defendants. As such, the additional documents are taken on record.
19. The defendants are, however, at liberty to file additional affidavit, should they so choose, with respect to the additional documents which have been permitted to be taken on record within a period of four weeks from today.;
20. This application is allowed accordingly.
C. HARI SHANKAR, J.
OCTOBER 9, 2023 dsn CS(COMM) 62/2023 Page 4 of 4 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 13/10/2023 at 01:38:33