Delhi High Court - Orders
Ramanlal Kishandas Kothari And Anr vs Aska Equipments Pvt.Ltd. And Ors on 8 February, 2024
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 468/2023, I.A. 13568/2023, I.A. 13571/2023, I.A.
13572/2023 & I.A. 19810/2023.
RAMANLAL KISHANDAS KOTHARI AND ANR ..... Plaintiffs
Through: Mr. Sidhant Yadav, Sr. Adv. with Mr.
Animesh Rastogi, Ms. Neha Rastogi,
Ms. Sandhya Maniar and Mr. Chirag
Kapoor, Advs.
versus
ASKA EQUIPMENTS PVT.LTD. AND ORS. ..... Defendants
Through: Mr. Saikrishna Rajagopal, Mr.
Amitavo Mitra, Ms. Priyam Lizmary
Cherian and Mr. Ayush Saxena,
Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 08.02.2024 I.A. 19810/2023 (Seeking permission to bid for tenders etc.)
1. This application has been filed by defendants seeking certain clarifications in the context of an ex-parte ad interim injunction dated 16th February, 2023 ("said injunction order") passed by District Judge, Patiala House Court in CS(COMM) 84/2023 in favour of plaintiffs and against defendants. Plaintiffs alleged infringement of Patent No. IN 415365 titled as "LED Lighting System in Inflatable Tower". Defendants have filed a counter claim before this Court as well as an application under Order XXXIX Rule 4, Code of Civil Procedure, 1908 ("CPC") challenging the said injunction.
2. Mr. Saikrishna Rajagopal, counsel for defendants contends that, without prejudice to their pleas in their application under Order XXXIX 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 12/02/2024 at 22:41:47 Rule 4, CPC, a limited prayer in the present application is being pressed today; same is extracted as under:
"A. Allow the present application and allow the Applicant/Defendant No.1 to participate in tenders for inflatable lighting system requiring specifications different from the claimed product of the Suit Patent;
B. Clarify the order dated 16 February 2023 to the extent that Applicant/Defendant No. 1 may provide maintenance and servicing for the inflatable lighting system of the Applicant/Defendant No. 1 already sold before the order dated 16 February 2023."
3. Said plea is limited to essentially two aspects: firstly, be allowed to participate in tenders where the required specifications are not relatable to the subject patent of plaintiffs; and secondly, that products already sold by defendant no. 1 prior to the said injunction order may be continued to be maintained and serviced by defendant no. 1.
4. As regards the latter request, it is noted that there was no injunction by the District Judge in this regard in the said injunction order. Be that as it may, in any case, there will be no prejudice caused considering that purchasers or users of defendant no. 1's product may require maintenance and services. Even though the claim of defendant no.1 regarding the ex-parte ad interim injunction is refuted by counsel for plaintiffs, it is submitted that there should be no fresh sale of defendants' product in the meantime. Mr. Rajagopal confirms that there will be no fresh sale of defendants' products and the prayer is only limited to maintenance and services. He further states that defendant no. 1 has never sought to create or promote a product which is infringing of the subject patent and does not wish to do so in the future either. Accordingly, it is clarified that the said injunction order does not extend to any restraint on defendant no.1 from 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 12/02/2024 at 22:41:47 maintaining and servicing products which were sold prior to the said order.
5. As regards the former plea, subject to defendant no. 1 disclosing details of tender(s) for which they seek to bid by means of an affidavit filed before the Court with copies to the counsel for the plaintiffs, they may be permitted to bid for their products, which do not infringe the subject patent of plaintiffs. Plaintiffs, upon receiving such copy of an affidavit, will be at liberty to approach this Court in case they have any grievance in that regard.
6. The application is disposed of in the above terms.
I.A. 13568/2023 (under Order XXXIX Rules 1 and 2, CPC) & I.A. 13572/2023 (under Order XXXIX Rule 4, CPC)
1. Parties to file a three-page note of arguments they wish to address and list of citations they wish to rely upon and place the same on record before the next date of hearing after exchanging copies with opposing sides.
CC(COMM) 14/2023 (counter claim by defendant no. 1)
1. As regards the counter claim filed by the defendant no.1, the same may be numbered and taken on record. Reply may be filed by counsel for plaintiffs within a period of six weeks with copies to opposing side who may file rejoinder thereto, if so desired, before the next date of hearing.
2. List on 15th May, 2024.
3. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 8, 2024/MK/sc 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 12/02/2024 at 22:41:48