Delhi High Court - Orders
Marico Limited vs Narico Agrovet Private Limited & Anr on 2 March, 2023
Author: C. Hari Shankar
Bench: C.Hari Shankar
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 717/2021 & I.A. 17572/2021, I.A. 11822/2022,
I.A. 20070/2022
MARICO LIMITED .... Plaintiff
Through: Ms. Anuradha Salhotra and Mr.
Sumit Wadhwa, Advs.
versus
NARICO AGROVET PRIVATE LIMITED & ANR.
..... Defendants
Through: Mr.Abhishek Yadav, Adv. For
D-1
Mr. Rohan Ahuja, Ms. Shruttima Ehersa,
Mr. Vatsalya Vishal and Ms. Amishi Sodani,
Advs. for D-2
Ms. Kunjala Bhardwaj, Adv. for UOI
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 02.03.2023
1. Ms. Bhardwaj appears on behalf of Mr. Kirtiman Singh and submits that, apropos the factual clarification for which this Court had sought assistance from Mr. Kirtiman Singh, Mr. Kirtiman Singh has contacted the Ministry of Corporate Affairs, Government of India, from whom instructions are awaited.
2. Mr. Kirtiman Singh is requested to file an affidavit to assist the court regarding the issue of availability of e-forms for changing the name of the company from 7th January 2023 till date, after serving an advance copy on the learned counsel for other parties.
3. Apropos the order passed by this Court on 9th February 2023, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 717/2021 Page 1 of 2 Signing Date:03.03.2023 15:09:35 Mr. Abhishek Yadav, learned Counsel for Defendant 1, expresses an apprehension that para 1 of the order may be treated as incorporating an admission on his part that the names Narico Power Pvt. Ltd. and Narico Bio Energy Ltd. infringe the plaintiff's registered trade mark.
4. I do not see any basis for the said apprehension. This Court, in earlier orders, has already returned a prima facie finding of infringement against defendants.
5. It was the Defendant 1 who made a suggestion that it was willing to change the name of the Narico Power Pvt. Ltd. and Narico Bio Energy Ltd.
6. In para 1 of the order dated 9th February 2023 that is all that the court intended to record. It is clarified accordingly.
7. Re-notify on 29th March 2023.
C. HARI SHANKAR, J.
MARCH 2, 2023 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 717/2021 Page 2 of 2 Signing Date:03.03.2023 15:09:35