Delhi High Court - Orders
Pidilite Industries Limited vs John Doe(S) /Ashok Kumar(S) & Ors on 19 July, 2024
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 586/2024
PIDILITE INDUSTRIES LIMITED .....Plaintiff
Through: Ms. Nancy Roy, Ms. Ananya Chug
and Ms. Aastha Kakkar, Advocates
Versus
JOHN DOE(S) /ASHOK KUMAR(S) & ORS. .....Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 19.07.2024 I.A. 33634/2024 (Section 149 read with Section 151 CPC, 1908)
1. The plaintiff, vide the present application, is seeking extension of time for filing the deficient court fee.
2. Learned counsel for the plaintiff submits that since the deficient court fees has already been filed, the present application has become infructuous.
3. Accordingly, the present application is disposed of. I.A. 33633/2024 (Section 12A CCA, 2015)
4. The plaintiff, vide the present application, is seeking exemption from instituting pre-litigation mediation.
5. Considering the averments made therein and as the plaintiff is seeking an urgent ad-interim relief along with appointment of Local Commissioner(s) as also in view of the orders passed in Yamini Manohar v. T.K.D. Krithi 2024 (5) SCC 815 and Chandra Kishore Chaurasia vs. R. CS(COMM) 586/2024 Page 1 of 23 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 09/08/2024 at 21:13:53 A. Perfumery Works Private Limited 2022:DHC:4454-DB, the plaintiff is exempted from instituting pre-litigation mediation.
6. Accordingly, the present application is allowed and disposed of. I.A. 33632/2024 (for exemption)
7. Exemption allowed, subject to all just exceptions.
8. The application stands disposed of.
I.A. 33635/2024 (exemption from effecting advance service)
9. The plaintiff, vide the present application, is seeking exemption from advance service upon the defendants.
10. Learned counsel for the plaintiff submits that considering the position involved, particularly since appointment of Local Commissioner(s) for execution of search and seizure of evidence/ counterfeit products at the premises of defendants are being sought, there is a likelihood that the apprehensions of the plaintiff will become a reality in case advance service is affected and therefore, an exemption from effecting advance service is necessary.
11. Therefore, for the reasons stated in the application as also taking into account the aforesaid factors and in the interest of justice, the plaintiff is granted exemption from effecting advance service upon the defendants.
12. Accordingly, the present application is allowed and disposed of. I.A. 33631/2024 (Order XI Rule 1(4) CPC, 1908 as amended by CCA, 2015: Leave to file additional documents)
13. The plaintiff, vide the present application, is seeking time of thirty days to file additional documents.
14. The plaintiff will be at liberty to file additional documents at a later stage, albeit, strictly as per the provisions of the Commercial Courts Act.
CS(COMM) 586/2024 Page 2 of 23This 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 09/08/2024 at 21:13:53
15. Accordingly, the present application is allowed and disposed of. I.A. 33636/2024 (Section 151 CPC, 1908: Permission to file certain documents in a CD/ DVD)
16. The plaintiff, vide the present application, is seeking permission to file certain documents in the form of electronic records i.e. in a CD/DVD.
17. For the reasons stated in the application, the application is allowed and the plaintiff is permitted to file the CD/DVD in accordance with law.
18. Accordingly, the present application is allowed and disposed of. I.A. 33630/2024 (Section 151 CPC, 1908: Impleadment)
19. The plaintiff seeks permission to allow Ashok Kumar(s)/ John Doe(s) to be impleaded and named as the defendant no.1 and the cause title of the present suit to be read as "Pidilite Industries Limited vs John Doe(s)/ Ashok Kumar(s) & Ors.".
20. Learned counsel for the plaintiff submits that in case the defendant nos.2 to 8 are mentioned as defendant no.1, the entire purpose of instituting the present suit would be defeated since the defendant nos.2 to 8 may be alerted and tipped off before the search and seizure is actually conducted at their premises. It is thus prayed that the present application be allowed and Ashok Kumar(s)/ John Doe(s) be impleaded and named as the defendant no.1 and the cause title of the present suit be read as "Pidilite Industries Limited vs John Doe(s)/ Ashok Kumar(s) & Ors."
21. Therefore, for the reasons stated in the application as also taking into account the aforesaid factors and in the interest of justice, the present application is allowed.
22. Amended memorandum of parties be filed within one week.
23. Accordingly, the present application is allowed and disposed of.
CS(COMM) 586/2024 Page 3 of 23This 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 09/08/2024 at 21:13:53 CS(COMM) 586/2024
24. The plaintiff by way of the present suit seeks injunction and damages for infringement of trademarks, passing off, counterfeit goods and for unfair competition under The Trade Marks Act, 1999 and the Designs Act, 2000.
25. Let the plaint be registered as a suit.
26. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes returnable before the Joint Registrar on 26.09.2024.
27. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of the receipt of the summons. Written statement(s) be filed by the defendants along with affidavit(s) of admission/ denial of documents of the plaintiffs, without which the written statement(s) shall not be taken on record.
28. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s). The said replication(s), if any, shall be accompanied by with affidavit(s) of admission/ denial of documents filed by the defendants, without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.
29. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.
30. List before the Joint Registrar for marking exhibits of documents on 26.09.2024. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.
CS(COMM) 586/2024 Page 4 of 23This 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 09/08/2024 at 21:13:53
31. List before the Court 03.12.2024.
I.A. 33628/2024 (Order XXXIX rule 1 & 2 CPC, 1908: Stay)
32. The plaintiff vide the present application seeks protection of its well- known trademarks DR.FIXIT and ARALDITE and to injunct the defendants from manufacturing, authorizing the manufacture, selling, offering for sale, importing, exporting, retailing, distributing, marketing and/ or using or dealing in the impugned products and/ or any other products which is/ are identical and/ or deceptively and confusingly similar to the plaintiff's trademarks either as a trade mark, trading name, domain name or as a part of the packaging, artwork, get-up, layout, design or in any other manner whatsoever.
33. The plaintiff is a company incorporated under the Companies Act of 1956 and is a leading entity in the adhesives, sealants, construction chemicals, hobbies colours, and polymer emulsions sectors in India. Founded in 1959, the company has grown to become a market leader, with its products being synonymous with quality and reliability. The plaintiff's brand names, such as FEVICOL, DR.FIXIT, ARALDITE, and FEVIKWIK, are well-known and trusted by millions of customers across India and abroad. The plaintiff is the recipient of numerous Awards and has a vast presence over the social media across all formats including the Internet. The plaintiff has a robust intellectual property portfolio, including numerous trademark registrations for its DR.FIXIT and ARALDITE brands. These trademarks are registered in various classes, providing comprehensive protection across different product categories. The plaintiff's products, such as DR.FIXIT and ARALDITE, have garnered substantial goodwill and reputation due to their high quality and consistent CS(COMM) 586/2024 Page 5 of 23 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 09/08/2024 at 21:13:54 performance.
34. The plaintiff has obtained registrations in respect of the mark DR.FIXIT (word per se) and the DR.FIXIT distinctive label/ packaging, and/ or marks consisting of DR.FIXIT and/ or the DR.FIXIT distinctive label/ packaging as one of its essential and distinctive features in multifarious varieties in different classes. The details of some trademark registrations of the trademark DR.FIXIT obtained by the plaintiff are as under:-
Trademarks Reg. Date of Class Valid
No. Registration Upto
DR.FIXIT (word) 1089162 11.05.2006 1 22.03.
2032
DR.FIXIT 1015317 08.06.2001 1 08.06.
(label) 2031
DR.FIXIT 1625986 29.11.2007 1 29.11.
(device of man) 2027
DR.FIXIT 1625990 29.11.2007 1 29.11.
(device of man) 2027
DR.FIXIT (word) 3032962 14.08.2015 2 14.08.
2025
DR.FIXIT WATER 3152946 06.01.2016 2 06.01.
PROOFING EXPERT 2036
CS(COMM) 586/2024 Page 6 of 23
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 09/08/2024 at 21:13:54 DR.FIXIT (device of man) 1625987 29.11.2007 2 29.11.
2027DR.FIXIT (device of man) 1625989 29.11.2007 2 29.11.
2027DR.FIXIT (device of man) 1625985 29.11.2007 19 29.11.
2027URP 3057490 16.09.2015 1 16.09. 2025 URP 2472722 05.02.2013 2 05.02. 2033 2472723 05.02.2013 2 05.02. 2033 URP 2472720 05.02.2013 19 05.02. 2033
35. The plaintiff has also obtained registrations for some of the containers in which DR.FIXIT branded products are sold in the marketplace bearing design numbers 212886 and 212887 under the provisions of the Designs Act, 2000 and the Design Rules, 2001. The details of the said design registrations of DR. FIXIT branded products as obtained by the plaintiff are as under:-
CS(COMM) 586/2024 Page 7 of 23This 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 09/08/2024 at 21:13:54 Design Registration Number Date of Registration Class 212886 10.10.2007 09-02 CS(COMM) 586/2024 Page 8 of 23 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 09/08/2024 at 21:13:54 Design Registration Number Date of Registration Class 212887 10.10.2007 09-02 CS(COMM) 586/2024 Page 9 of 23 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 09/08/2024 at 21:13:54 As regards the 'novelty' in the shape and design of the container, the following are the details of the registrations obtained by the plaintiff :
Design Registration Number Date of Registration Class 327231-001 14.02.2020 09-03 327230-001 14.02.2020 09-03 327232-001 14.02.2020 09-03 327233-001 14.02.2020 09-03 CS(COMM) 586/2024 Page 10 of 23 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 09/08/2024 at 21:13:54
36. The plaintiff has also obtained registrations in respect of the mark ARALDITE (word per se) and ARALDITE distinctive label/ packaging, and/ or marks consisting of ARALDITE and/ or ARALDITE distinctive label/ packaging as one of its essential and distinctive features in various classes. The details of some trademark registrations of the trademark ARALDITE obtained by the plaintiff are as under:-
Trademarks Date of Date of Valid
Application/ Application Upto
Date of
Registration
ARALDITE 120667 05.04.1946 05.04.2030
1573493 28.06.2007 28.06.2027
1573494 28.06.2007 28.06.2027
ARALDITE 4279377 30.08.2019 30.08.2029
KARPENTER
ARALDITE 4297804 19.09.2019 19.09.2029
KARPENTER
PLASTIFIX
CS(COMM) 586/2024 Page 11 of 23
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 09/08/2024 at 21:13:54 ARALDITE 4297805 19.09.2019 19.09.2029 PROKRAFT ARALDITE 4297806 19.09.2019 19.09.2029 MULTIKRAFT ARALDITE KANGAN 4348088 19.09.2019 19.09.2029 ARALDITE KLAD-X 5071750 03.08.2021 03.08.2031 ARALDITE 5573097 18.08.2022 18.08.2032 STANDARD EPOXY ADHESIVE ARALDITE KLEAR 5 5573099 18.08.2022 18.08.2032 EPOXY ADHESIVE ARALDITE XIN 5921438 03.05.2023 -
MULTIPRO
1425315 01.03.2006 01.03.2026
1425318 01.03.2006 01.03.2026
CS(COMM) 586/2024 Page 12 of 23
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 09/08/2024 at 21:13:54 1425321 01.03.2006 01.03.2026 1425324 01.03.2006 01.03.2026
37. Also, the plaintiff's products consisting of ARALDITE distinctive label/ packaging are as under:-
CS(COMM) 586/2024 Page 13 of 23This 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 09/08/2024 at 21:13:54
38. As per plaintiff, the defendants are involved in the unauthorized manufacture, sale, and distribution of counterfeit products bearing the plaintiff's well-known trademarks, DR.FIXIT and ARALDITE. The defendants nos. 2-5 are entities dealing in counterfeit adhesive products with the ARALDITE mark and defendants nos. 4-8 as those dealing in counterfeit sealant adhesive products with the DR.FIXIT mark. Furthermore, the plaintiff has also impleaded Ashok Kumar(s)/ John Doe(s) to account for any unknown entities associated with the defendants' counterfeiting activities. As it is necessary as the plaintiff lacks information on the complete network and sources of the counterfeit goods and the plaintiff alleges that the defendants may be part of a larger network of counterfeit manufacturers and sellers. In particular, the plaintiff seeks to implead unknown parties as defendant no. 1 to prevent the premature disclosure of the defendants' identities as the same could hinder the search and seizure operations which the plaintiff wishes to undertake.
39. In April 2024, the plaintiff became aware of the defendants impugned counterfeit products being available for sale across various wholesale markets in the NCR Delhi and Uttar Pradesh regions and the same, as per the plaintiff, were visually identical to the plaintiff's products.
40. This Court has heard the arguments advanced by the learned counsel for the plaintiff as also perused the documents on record, particularly the trademark registrations of the trademark DR.FIXIT (word per se) and the DR.FIXIT distinctive label/ packaging thereof as also the trademark ARALDITE (word per se) and ARALDITE distinctive label/ packaging thereof and the design registrations in the name of the plaintiff.
41. Both the trademark DR.FIXIT (word per se) and the DR.FIXIT CS(COMM) 586/2024 Page 14 of 23 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 09/08/2024 at 21:13:54 distinctive label/ packaging thereof and also the trademark ARALDITE (word per se) and ARALDITE distinctive label/ packaging thereof of the plaintiff have been declared as a well-known trademarks as per Section 2(zg) of the Trade Marks Act, 1999. Additionally, the plaintiff also holds the design registrations of DR. FIXIT branded products.
42. Both the said trademarks DR.FIXIT and ARALDITE and design registrations of DR. FIXIT branded products are popularly known and associated with the plaintiff amongst the members of the trade as also are recognized by the members of the general public as being coming from the house of the plaintiff. Furthermore, both trademarks DR.FIXIT and ARALDITE and the design registrations of DR. FIXIT branded products are duly registered as also valid and subsisting in the name of the plaintiff.
43. A competing differentiation of the products of the plaintiff under the trademark DR.FIXIT and the alleged counterfeit products of the defendants under the same trade mark is outlined as under:-
S.No. Plaintiff's Products Defendants Products 1. The product of the plaintiff As per the plaintiff, in the bearing the DR.FIXIT trademark counterfeit products bearing the contains a transparent vertical DR.FIXIT mark, there is no measuring line on the outer transparent vertical measuring surface of the product, wherein line on the outer surface of the the quantity of the liquid inside product. Also, the quantity of CS(COMM) 586/2024 Page 15 of 23 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 09/08/2024 at 21:13:54 the container is clearly visible. the liquid inside the container is not visible.
2.
The label of the 1 litre product of As per the plaintiff, in the
the plaintiff bearing the DR.FIXIT counterfeit products bearing the
trademark contains a clear image DR.FIXIT mark, the label of the
of the concrete mixer used by the 1 litre counterfeit product of the
plaintiff. defendants contains only half
image of the concrete mixer,
wherein only the mouth of the
concrete mixer is clearly visible.
44. A competing differentiation of the products of the plaintiff under the trademark ARALDITE and the alleged counterfeit products of the defendants under the same trade mark is outlined as under:-
a) The product of the plaintiff has no shelf life mentioned therein whereas in the product of defendants the very same is mentioned with a specific timeline.; and
b) The symbol in the product of the plaintiff is roughly ¼ of the size of the ARALDITE brand name whereas in the product of the defendants, the very same symbol is of the same size as of the ARALDITE brand name.; and CS(COMM) 586/2024 Page 16 of 23 This is a digitally signed order.
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c) There is a weight difference inter se the product of the plaintiff from that of the product of the defendants.; and
d) The batch number in the product of the plaintiff contains a sequence of first two roman letters followed by numerals whereas in the product of the defendants there is no sequence and the roman letters as well as numerals would be mentioned in a jumbled manner as under:-
e) The lower band of the sleeved in the product of the plaintiff is colourful whereas in the product of the defendants, the very same lower band of the sleeve is of a single colour as under:-
f) The hazard symbols in the product of the plaintiff are clearly mentioned whereas in the product of the defendants the same hazard symbols are placed in a haphazard manner as under:-CS(COMM) 586/2024 Page 17 of 23
This is a digitally signed order.
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45. In view of the aforesaid, the plaintiff has been able to make out a prima facie case for the grant of an ex parte ad interim injunction in its favour and against the defendants (John Doe). Under the existing facts, since the balance of convenience lies in favour of the plaintiff and against the defendants (John Doe) should the said defendants (John Doe) be not restrained an ex parte ad interim injunction in favour of the plaintiff and the defendants are allowed to continue on an as is where is basis, there is a likelihood of the said plaintiff suffering irreparable harm, loss and injury.
46. Accordingly, the defendants are restrained from manufacturing, authorizing the manufacture, selling, offering for sale, importing, exporting, retailing, distributing, marketing and/ or using or dealing in the impugned products and/ or any other products which is/ are identical and/ or deceptively and confusingly similar to the plaintiff's trademarks DR.FIXIT and ARALDITE either as a trade mark, trading name, domain name or as a part of the packaging, artwork, get-up, layout, design or in any other manner whatsoever.
26. Issue notice to the defendants by all permissible modes returnable before the Joint Registrar on 26.09.2024.
27. Reply, if any, be filed within a period of thirty days from the date of service. Rejoinder thereto, if any, be filed within a period of fifteen days thereafter.
47. List before the Court on 03.11.2024.
I.A. 33629/2024 (Order XXVI Rule 9 CPC, 1908: Appointment of Local Commissioner)
48. The plaintiff, vide the present application, is seeking appointment of CS(COMM) 586/2024 Page 18 of 23 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 09/08/2024 at 21:13:54 Local Commissioners to visit the premises of the defendants.
49. Learned counsel for the plaintiff submits that the defendants are aware of the plaintiff and their products and the infringing materials placed on record are clear evidence of the intention of the defendants to ride upon the goodwill and reputation of the plaintiff. The plaintiff believe that the infringing products are sold at the locations set out in the memo of parties annexed with the plaint and the defendants are likely to remove all physical evidence or deny their involvement in the infringing activities.
50. In view of the aforesaid as also considering the factual matrix involved, and most relevantly, in order to preserve the counterfeit and infringing materials involved, in the considered opinion of this Court, it is deemed appropriate to appoint Local Commissioner to visit the premises of the defendants.
51. Accordingly, the following are appointed as Local Commissioners with a direction to visit the premises of the defendants as specified against their names:
S. No. Name and contact details Location
of Local Commissioner(s)
1. Mr. Sarthak Bhatia, Adv. K.A. Traders
Shop-3487, Kanhiya Market,
[+91-9828354792]
Hauz Qazi,
Delhi-110 006
Also at:
Godown at Daroga Phatak,
Sikri Walan, Bazar Hauz Qazi,
Delhi-110 006
CS(COMM) 586/2024 Page 19 of 23
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 09/08/2024 at 21:13:54 K.R. Enterprises Shop-2889/9, Shally Market, Sirki Walan, Bazar Hauz Qazi, Delhi-110 006 Also at:
Godown at First Floor, Shally Market, Sikri Walan, Bazar Hauz Qazi, Delhi-110 006
2. Mr. Alind Srivastava, Adv. Garg Traders, Electrical Hardware & Plywood [+91-9811212437] Main Bawana Road, Shahabad Dairy, Delhi-110 042 Aggarwal Paint, Electrical & Hardware Store A-481, Main Bawana Road, Shahabad Dairy, Delhi-110 042 Shri Shyam Hardware Paints & Sanitary Store A-89-80, Near Purana Barat Ghar, Shahabad Dairy, Delhi-110 042
3. Mr. Shikhar Yadav, Adv. Bansal Steel & Hardware Shop No.-33, Kh. No.-104/132, [+91-9899514609] D-26, Chhatarpur Pahari, Delhi-110 074 Sharma Paint Hardware & Sanitary Store 240-A, Behind Dena Bank, Chhatarpur, New Delhi-110 074 CS(COMM) 586/2024 Page 20 of 23 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 09/08/2024 at 21:13:54 John Doe(s)/Ashok Kumar(s)
52. Each of the Local Commissioners are to execute the respective commissions in the premises of the defendants with the following directions:-
a) The Local Commissioner be accompanied by a representative and/ or its counsel, who shall be permitted to enter the premises of the respective defendant(s) as per the addresses hereinabove.
b) The Local Commissioner to seize, pack and seal the infringing products and handover the same on Superdari to the respective defendant(s) upon the said defendant(s) giving an 'Undertaking' that they shall not tamper with or remove the sealed products as also shall in compliance of the orders of this Court, as and when passed, produce the sealed products under Superdari.
c) The Local Commissioner be permitted to take photocopies and/ or screenshots of all the books of accounts including ledgers, cashbooks, bill books, purchases and sales records or any document(s) deemed necessary found in the premises of the defendant(s), etc. for placing the hard copies or e copies thereof on record.
d) The Local Commissioner be permitted to make a video recording of the commission of the execution at the premises of the defendant in compliance of the present order.
e) The Local Commissioner be permitted to take the assistance of the Station House Officer [SHO] of the local Police Station within whose jurisdiction the premises of the defendant is situated. The said CS(COMM) 586/2024 Page 21 of 23 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 09/08/2024 at 21:13:54 SHO is directed to render and provide all and every necessary assistance and protection to the Local Commissioner(s), if as and when sought for ensuring unhindered and effective execution of the commission at the premises of the defendant in compliance of the present order.
f) If the premises of the defendant is found under lock(s), the Local Commissioner is permitted to break open the said lock(s) in the presence of the SHO/ any designated police officer from the local Police Station.
53. The fee of each of the Local Commissioner(s) is fixed at Rupees Two Lakhs Thousand Only [Rs.2,00,000/-] in addition to all the related expenses for travel as also any other miscellaneous out of pocket expenses for the execution of the commission. All the aforesaid expenses shall be borne by the plaintiff and paid in advance to each of the Local Commissioner(s).
54. The commission be executed within a period of one week from today, i.e. on or before 26.07.2024.
55. Additionally, this Court also permits each of the abovenamed Local Commissioners to visit, secure, seize, pack and seal the infringing DR.FIXIT and ARALDITE products on receiving any information or coming to know from the plaintiff of any other premises (John Doe) with the infringing DR.FIXIT and ARALDITE products of the similar nature at any time prior to the next date of hearing.
56. The fee of the Local Commissioner(s) for each additional day visit is fixed at Rupees Fifty Thousand Only [Rs.50,000/-] in addition to all the related expenses for travel as also any other miscellaneous out of pocket expenses for execution of the commission. The additional visit expenses CS(COMM) 586/2024 Page 22 of 23 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 09/08/2024 at 21:13:54 shall also be borne by the plaintiff and paid in advance to the Local Commissioner(s). In such a situation, the Local Commissioner(s) is permitted to act in the same manner as enumerated in para 52 hereinabove.
57. Furthermore, the Local Commissioner(s) shall serve copy of a complete set of paperbook as filed before this Court and also intimate the next date of hearing to the person(s) at the other premises (John Doe), who shall have a right to put forth his/ its case/ and defend himself/ itself.
58. A copy of this order be provided to each of the Local Commissioner(s) named hereinabove.
59. Let the provisions of Order XXXIX Rule 3 CPC be complied within a period of two weeks from the passing of the present order.
60. Accordingly, the application is allowed and disposed of.
Dasti.
SAURABH BANERJEE, J JULY 19, 2024/akr CS(COMM) 586/2024 Page 23 of 23 This is a digitally signed order.
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