Delhi High Court - Orders
Dabur India Limited vs Marico Limited on 7 May, 2025
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 611/2024
DABUR INDIA LIMITED .....Plaintiff
Through: Ms. Kripa Pandit and Ms. Archita
Mehra, Advs.
versus
MARICO LIMITED .....Defendant
Through: Mr. Akhil Sibal, Sr. Adv. with Mr.
Ankur Sangal, Ms. Pragya Mishra
and Ms. Amrit Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 07.05.2025 I.A. 42580/2024-By plaintiff seeking leave to file additional documents along with pen drive as a part of the additional documents
1. By virtue of the present application under Order 11 Rule 1(5) of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks filing of the additional documents filed separately vide Diary No.E-4586359/2024 which are:
i. Chartered Accountant's certificate attesting to Plaintiff's sales and promotional expenses for the period 2011-2012 to 2022 - 2023 under the trademark 'Dabur Amla Hair Oil', ii. Printouts of registration certificates and renewal certificates along with their translated copies obtained by the Plaintiff for the trademark 'Dabur Amla Hair Oil' and 'Dabur Amla Gold Hair Oil' in various countries, 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 29/06/2025 at 21:27:59 iii. Copies and printout of copyright registrations certificates obtained by the Plaintiff for the artistic work in 'Dabur Amla Hair Oil' label vide Copyright registration number A14794/76 dated January 29, 1976 and label vide copyright registration number Al15478/2016 dated June 26, 2016, iv. Printout of the status page, journal number 2155 dated May 06, 2024, Notice of Opposition dated August 12, 2024 filed on behalf of the Plaintiff against the mark bearing Opposition number 1344185 and Opposition Notice dated September 24, 2024 downloaded from https://tmrsearch.ipindia.gov.in/eregister/eregister.aspx, v. Select screenshots of TVC's aired by the Plaintiff for their brand 'Dabur Amla Hair Oil' from 1980s to 2019, 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 29/06/2025 at 21:27:59 vi. Pen drive consisting of TVC's aired by the Plaintiff for their brand 'Dabur Amla Hair Oil' from 1980-2019.
2. It is the case of the plaintiff that though the statement qua filing of certain additional documents is recorded in the order dated 22.08.2024, however, the same were filed later vide Diary No.E-4586359/2024 and notice in the present application was issued vide order 18.10.2024. As per learned counsel for the plaintiff, the said documents were though filed after filing of the written statement by the defendant, however, it was done so prior to filing of replication.
3. On the other hand, learned senior counsel for the defendant submits that it is a matter of fact that the pleadings qua I.A. 34272/2024 under Order XXXIX Rule 1 and 2 CPC already stood completed on 16.08.2024.
4. Considering that most of the aforesaid documents are statutory documents, as also, since the same were filed even prior to the filing of the replication by the plaintiff, i.e., whence the pleadings were not yet completed in terms of the orders of this Court, the aforesaid documents are taken on record, subject to cost of Rs.20,000/- payable to the Delhi High Court Staff Welfare Fund [A/C 15530110074442; IFSC UCBA0001553] within a period of two weeks.
5. In terms of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules 2018, let the Pen Drive of the plaintiff with a hash value in a non-edited form be filed before the Registry within a period of four weeks.
6. Let the same accordingly form a part of the record of the present suit by way of an electronic folder in such a manner that it can be opened to view by this Court as and when required. Also let the hash value be kept separately by the Registry on the file.
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 29/06/2025 at 21:27:59
7. In view of the aforesaid, the present application is allowed.
8. The defendant is also at liberty to file rebuttal documents, if any, within a period of four weeks.
I.A. 34272/2024-Stay
9. List for arguments on 07.08.2025.
10. In the meanwhile, learned counsel for the parties seek, and are granted, four weeks to file their respective written synopsis not exceeding five pages, giving a chronological list of dates and events and relevant documents, if any, alongwith duly highlighted judgments setting out the propositions of law therein, they wish to rely upon.
SAURABH BANERJEE, J MAY 7, 2025/bh 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 29/06/2025 at 21:27:59