Delhi High Court - Orders
Naresh Kumar Nagpal vs S.K. Cosmetics & Ors on 13 January, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.01.2021
09:09:28
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 1/2021 & CM APPLs. 672-73/2021
NARESH KUMAR NAGPAL ..... Petitioner
Through: Mr. Mahir Malhotra, Mr. Satish
Kumar & Ms. Smriti Papreja,
Advocates. (M-9810424820)
versus
S.K. COSMETICS & ORS. ..... Respondents
Through: Mr. M.K. Miglani, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.01.2021
1. This hearing has been done by video conferencing.
2. The present transfer petition has been filed seeking consolidation of two suits along with their counter claims, the details of which are as under:
• S.K. Cosmetics v. Natural Toni Cosmetics & Ors. bearing no. CS (Comm) 316/2019 along with its counter claim titled Naresh Kumar Nagpal v. S.K. Cosmetics & Ors. numbered as CS(Comm) 322/2019 pending before Sh. Ajay Garg, ADJ, Patiala House Courts Complex;
• Naresh Kumar Nagpal v. S.K. Cosmetics & Ors bearing no. CS DJ 428/2020 (earlier No. CS/55/2018) pending before Sh. Rajinder Singh, ADJ (Central Dist.), Tis Hazari Courts.
3. A perusal of the chart placed on record shows that the parties are substantially the same in both the suits and the subject matter is the trademark 'TONI' and its derivatives in respect of cosmetics. Mr. Miglani, ld. counsel appears for the Respondents and submits that the Petitioner is unnecessarily delaying the hearing in the interim application and this is yet another attempt Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:14.01.2021 23:48 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:15.01.2021 09:09:28 at delaying the hearing.
4. Considering that the mark is the same and the parties are also substantially the same, in order to avoid conflicting judgments and multiplicity of proceedings, it is deemed appropriate to transfer the suit CS (Comm) 316/2019 along with the counter claim, pending in the Patiala House Courts Complex, to the ADJ (Central District), Tis Hazari Courts for being heard with CS DJ 428/2020 (earlier No. CS/55/2018). It is made clear that no unnecessary adjournments shall be granted by the Court to either of the parties and an endeavour shall be made to dispose of the interim injunction application and any other relevant applications within a period of three months from today.
5. With these observations, the transfer petition and pending applications are disposed of.
PRATHIBA M. SINGH, J JANUARY 13, 2021 Rahul/T Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:14.01.2021 23:48