Delhi High Court - Orders
Astral Ltd vs M/S. Ajay Enterprises on 4 July, 2024
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 540/2024 & I.A. Nos. 32178/2024, 32179/2024,
32180/2024 & 32181/2024
ASTRAL LTD. .....Plaintiff
Through: Mr. Sachin Gupta with Mr. Manan
Mondal, Ms. Prashansa Singh and
Mr. Rohit Pradhan, Advocates.
versus
M/S. AJAY ENTERPRISES .....Defendant
Through: Mr. Arnav Goyal, Advocate.
(M): 8233480888
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 04.07.2024 I.A. No. 32178/2024 (Application for exemption from Pre-Litigation Mediation)
1. The present is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") for exemption from instituting Pre-Litigation Mediation.
2. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from instituting Pre-Litigation Mediation, is granted.
Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:05.07.2024 21:22:273. Accordingly, the application stands disposed of. I.A. No. 32179/2024 (Exemption from filing clearer copies)
4. The present is an application under Section 151 CPC seeking exemption from filing clearer copies or documents with exact margins and/or which are handwritten or English translations, certified copies and from filing originals of the relevant documents at this stage, along with supporting affidavit.
5. Exemption is granted, subject to all just exceptions.
6. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance, within four weeks from today or before the next date of hearing, whichever is earlier.
7. Accordingly, the present application is disposed of. I.A. No. 32181/2024 (Application under Section 149 of the CPC seeking extension of time to deposit the Court Fees)
8. Learned counsel appearing for the plaintiff submits that the Court fees has already been purchased and shall be filed today itself.
9. Accordingly, let the Court fees be filed today.
10. The application is accordingly disposed of. CS(COMM) 540/2024
11. At the outset, learned counsel appearing for the plaintiff submits that though he has not filed any separate application for filing additional documents, however, considering the facts of the present case, he may be allowed to file additional documents, within a period of one week.
12. Liberty is granted and the plaintiff may file additional documents, within a period of one week.
13. Let the plaint be registered as suit.
Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:05.07.2024 21:22:2714. Written statement be filed by the defendant within thirty days. Along with the written statement, the defendant shall also file affidavit of admission/denial of the plaintiff's documents, without which, the written statement shall not be taken on record.
15. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendant, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
16. List before the Joint Registrar (Judicial) for marking of exhibits on 16th August 2024.
17. List before the Court on 27th September, 2024. I.A. No. 32180/2024 (Application under Order XXXIX Rule 1 and 2 read with Section 151 CPC)
18. The present application has been filed under Order XXXIX Rule 1 and 2 read with Section 151 CPC.
19. It is submitted that the plaintiff has filed a suit for permanent injunction restraining infringement of trademark, passing off, unfair competition, damages/rendition of accounts, delivery etc..
20. It is submitted that the plaintiff is aggrieved by the action of the defendant in manufacturing and dealing in cables and wires for submersible pumps under the impugned mark ASTRAL (product falling in class 9), which is identical to the plaintiff's well-known and registered Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:05.07.2024 21:22:27 trademark/label/corporate name ASTRAL, , which has been in existence since 1996 in respect of variety of pipes, parts and fittings, which fall in Class 17. It is submitted that plaintiff has been selling ASTRAL branded conduit pipes and fittings and modular boxes, i.e., goods falling in class 9 since the year 2015.
21. Issue notice.
22. Notice is accepted by learned counsel appearing for the defendant.
23. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
24. Learned counsel appearing for the plaintiff submits that the plaintiff has been making endeavours to settle the matter with the defendant. Thus, he submits that the matter be referred to Meditation.
25. Mr. Arnav Goyal, learned counsel appearing for the defendant, submits that he has no objection to the aforesaid prayer.
26. Accordingly, with the consent of the parties, the matter is referred to the Delhi High Court Meditation and Conciliation Centre, to be listed on 19th July, 2024.
27. List before the Court on 27th September, 2024.
MINI PUSHKARNA, J JULY 4, 2024 c Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:05.07.2024 21:22:27