Delhi High Court - Orders
Acc Limited vs Manju Bhardwaj & Ors on 16 July, 2024
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 352/2019
ACC LIMITED .....Plaintiff
Through: Mr. Kanishk Kumar, Mr. Yatinder Garg
and Mr. Priyansh Kohli, Advocates
Versus
MANJU BHARDWAJ & ORS. .....Defendants
Through: Mr. Amit Jain and Ms. Sreelakshmi
Menon, Advocates for D-1-3
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 16.07.2024 I.A. 33366/2024 (under Order XI Rule 1(5) read with Section 151 of the CPC - Seeking leave to file additional documents)
1. The plaintiff vide the present application seeks permission to bring on record the following three documents:
"a. Copy of Order dated 25.08.2023, passed by this Hon'ble Court in ACC Limited vs Manju Bharadwaj & Ors. C.O.(COMM.IPD- TM) 223 of 2021.
b. Current status page of the Impugned Mark from the website of Trade Mark Registry.
c. Copy of Trademark Journal No. 2065 dated 15.08.2022"
2. Considering that the aforesaid are statutory documents, learned counsel for the plaintiff seeks to withdraw the present application.
3. Accordingly, the present application is dismissed as withdrawn.
CS(COMM) 352/2019 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 19/07/2024 at 01:09:30 I.A. 33377/2024 (under Section 151 of the CPC - Seeking appointment of a new Local Commissioner for recording of evidence)
4. The plaintiff vide the present application seeks appointment of a new Local Commissioner for conducting further examination in the matter.
5. Learned counsel for the parties submit that though the previous Local Commissioner was appointed vide order dated 05.02.2020 passed by this Court, evidence of the sole witness of the plaintiff, namely, PW1 is yet to be concluded as his cross-examination is still going on.
6. Considering that the previous Commissioner, vide email dated 17.05.2024, has communicated to the parties his inability to continue any further as also the prolonged time having been elapsed, it is deemed appropriate to appoint a Commissioner afresh to examine the witnesses of the parties.
7. Accordingly, Mr. Manish Verma, Advocate [+91 98113-04202] is appointed as the Court Commissioner for recording evidence of the witnesses of the parties.
8. The fees of the Local Commissioner is fixed at Rupees Twenty Thousand Only [Rs.20,000/-] per hearing plus out of pocket expenses to be borne by the plaintiff, as was the case on 05.02.2000, when the previous Court Commissioner was appointed. The fees of the Court Commissioner shall be paid prior to commencing recording of evidence on each date.
9. The Court Commissioner is requested to record the evidence within the Court Complex. Considering that the evidence before the previous Court CS(COMM) 352/2019 Page 2 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 19/07/2024 at 01:09:30 Commissioner was pending since 05.02.2020, the parties are directed to endeavor to conclude their respective evidence before 31.01.2025. The Court Commissioner is requested accordingly. The Court Commissioner is granted liberty to take appropriate steps for listing the present suit before the Court in case any of the parties is/are found to delay the recording of the evidence before him.
10. Accordingly, list before the afore-named Court Commissioner on the date already fixed i.e. 30.08.2024 @ 04:30 PM or any other date subject to his convenience.
SAURABH BANERJEE, J JULY 16, 2024/So CS(COMM) 352/2019 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 19/07/2024 at 01:09:30