Delhi High Court - Orders
Grauer And Weil (India) Limited vs Mr. Nirav Shah & Ors on 1 October, 2024
Author: Amit Bansal
Bench: Amit Bansal
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 339/2023 & I.A. 10097/2023, I.A. 12430/2023, I.A.
12435/2023, I.A. 17284/2023, I.A. 5777/2024, I.A. 5917/2024
GRAUER AND WEIL (INDIA) LIMITED .....Plaintiff
Through: Mr Ankur Kashyap, Mr Aman Bajaj,
Mr Sanjana Pandey, Mr Rishab
Aggarwal and Mr Purushartha Singh,
Advocates.
versus
MR. NIRAV SHAH & ORS. .....Defendants
Through: Mr Anshuman Sharma, Mr Aditya C
Yagnik and Mr Azaz Ahmed,
Advocates.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 01.10.2024 I.A. 5777/2024 (filed on behalf of the plaintiff) and I.A. 5917/2024 (filed on behalf of the defendants)
1. Pursuant to the order passed by this Court on 26th September, 2024, Mr Ankur Kashyap, learned counsel for the plaintiff has returned with instructions which are as follows:
i. The plaintiff will confine his request for testing only in respect of samples of products mentioned at Serial Nos. 2, 4, 9, 18, and 19 of the Annexure to the order passed by this Court on 19th October, 2023.
ii. He further submits that in respect of the aforesaid products, IIT Bombay has already drawn samples of the defendants' products.
CS(COMM) 339/2023 Page 1 of 3This 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 03/10/2024 at 23:42:16
2. Accordingly, the plaintiff shall now provide the samples of its own products as well as those of third-party competing products to IIT Bombay within one week from today.
3. It is made clear that samples of only those products are to be shall be given by the plaintiff to IIT Bombay, which are commercially available.
4. Representative of the defendant shall be present at the time when the plaintiff's samples are collected by IIT Bombay.
5. Learned counsel for the plaintiff has drawn attention of the Court to the communications exchanged between the parties and IIT Bombay, which seem to indicate that so long as only sample of five products are to be tested, IIT Bombay will charge a fee of Rs.3 lakhs, as was indicated in the order passed by this Court on 19th October, 2023. It is made clear that in the event the fees charged exceeds Rs.3 lakhs, the excess amount has to be borne by the plaintiff.
6. In view of the above, IIT Bombay shall conduct GC X GC TOF test in respect of the samples of the aforesaid five products, as indicated above. The test shall be conducted in an expeditious manner, preferably within four weeks from the samples being delivered to IIT Bombay.
7. A report shall be filed by IIT Bombay before this court, within 6 weeks from today.
8. Needless to state, both parties shall have the right to file objections in respect of the Test Report to be submitted by IIT Bombay.
9. Accordingly, both the aforesaid applications shall stand disposed of.
CS(COMM) 339/2023
10. List on 13th February, 2025 along with pending applications.
CS(COMM) 339/2023 Page 2 of 3This 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 03/10/2024 at 23:42:16 AMIT BANSAL, J OCTOBER 1, 2024/pb CS(COMM) 339/2023 Page 3 of 3 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 03/10/2024 at 23:42:17