Delhi High Court - Orders
M/S Kg Marketing India vs Ms. Rashi Santosh Soni & Anr on 25 May, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 18/2023
M/S KG MARKETING INDIA ..... Plaintiff
Through: Mr. Sachin Gupta and Mr. V. K. Puri,
Advocates.
versus
MS. RASHI SANTOSH SONI & ANR. ..... Defendants
Through: Mr. Alankar Kirpekar and Mr.
Jaspreet Singh Kapur, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 25.05.2023 I.A. No. 680/2023 (under Order XXXIX Rules 1 and 2 of CPC) and I.A. No. 10033/2023 (u/Order XXXIX Rule 4 r/w Section 151 of the Code of Civil Procedure, seeking setting aside/ vacation/ modification of the ex-parte ad interim order dated 16th January, 2023)
1. Mr. Sachin Gupta, on instructions from Mr. V. K. Puri, counsel for Plaintiff, who is present in Court, states that the Plaintiff does not wish to contest the present suit or use the 'SURYA' trademarks. Therefore, the Court may dismiss the suit and vacate the injunction granted on 16th January, 2023.
2. In light of the afore-noted statement, I.A. No. 10033/2023 is allowed and the ad-interim injunction granted vide order dated 16th January, 2023 is vacated. I.A. No. 680/2023 is dismissed.
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 25/09/2023 at 06:28:57 CS(COMM) 18/2023
3. Mr. Gupta has handed over an affidavit sworn by Mr. Karan Kumar, partner of M/s KG Marketing India (Plaintiff), wherein he has tendered an unconditional and unqualified apology to the Court for the mistake in filing of the present suit for infringement. The said affidavit is taken on record.
4. Although Mr. Gupta has prayed for the suit to be dismissed, however the facts highlighted in I.A. No. 10033/2023 are compelling and require deliberation on further directions that should be issued against the Plaintiff.
5. At the request of Mr. Gupta, re-notify on the date already fixed i.e., 18th July, 2023.
SANJEEV NARULA, J MAY 25, 2023 as 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 25/09/2023 at 06:28:57