Delhi High Court - Orders
M/S. Askaaf Al-Sharq Trading Company vs Al-Noor Tradition P. Ltd on 29 July, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 341/2025, I.A. 9641/2025, I.A. 9644/2025 & I.A.
18045/2025
M/S. ASKAAF AL-SHARQ TRADING COMPANY .....Plaintiff
Through: Mr. Sachin Gupta, Advs.
versus
AL-NOOR TRADITION P. LTD. .....Defendant
Through: Mr. N. Mahabir and Ms. Noopur
Biswas, Advs.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 29.07.2025 I.A. 18045/2025 (Application on behalf of the Defendants under Section 124 of the Trademarks Act, 1999 read with Section 151 CPC)
1. The present application has been filed by the Defendants under Section 124 of the Trademarks Act, 1999, seeking grant of permission to the Defendant to file rectification petition against the impugned registration (i.e., registered trademark number 5944021) before this Court.
2. Issue notice. Learned counsel for the Non-Applicant/Plaintiff accepts notice.
3. Reply be filed within four (4) weeks. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.
4. List on 18.12.2025.
I.A. 9644/2025 (Application under Order XXXIX Rules 1 & 2 read with Section 151 CPC filed by the Plaintiff) CS(COMM) 341/2025 Page 1 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 31/07/2025 at 22:04:44
5. The present application has been filed by the Plaintiff under Order XXXIX Rules 1 and 2 CPC, seeking ex-parte ad interim injunction.
6. Learned counsel for the Defendant states that his written statement may be treated as a reply to this application and he does not wish to file any separate reply.
7. This statement is taken on record.
8. List on 18.12.2025.
I.A. 9641/2025 (Application under Section 12A of the Commercial Courts Act and Section 151 CPC seeking exemption from instituting pre-litigation mediation)
9. The present application filed under Section 12A of the Commercial Courts Act, 2015 for seeking exemption from instituting pre-litigation mediation.
10. Learned counsel for the parties' state that without prejudice to their rights and contentions, they are willing to have the matter referred to mediation.
11. Accordingly, with the consent of the parties, the parties are referred to Delhi High Court Mediation and Conciliation Centre on 08.08.2025 at 2:30 P.M.
12. Keeping in view the averments in this application, this Court is satisfied that the plaintiff has made out a case for exemption at the initial stage. The exemption prayed for is therefore granted. The Application accordingly stands disposed of.
CS(COMM) 341/2025
13. Learned counsel for the Plaintiff states that he will file his replication CS(COMM) 341/2025 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 31/07/2025 at 22:04:44 in accordance with law.
14. List before the learned Joint Registrar (J) for completion of pleadings on 03.09.2025.
15. List before Court for disposal of I.A. 9644/2025 and I.A. 18045/2025 on 18.12.2025.
MANMEET PRITAM SINGH ARORA, J JULY 29, 2025/msh CS(COMM) 341/2025 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 31/07/2025 at 22:04:44