Delhi High Court - Orders
Jay Switches India Pvt Ltd vs Sandhar Technologies Ltd & Ors on 11 September, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 301/2023 & I.As. 9152/2023, 9154/2023, 16237/2023
JAY SWITCHES INDIA PVT LTD ..... Plaintiff
Through: Mr. Pratyush Rao, Mr. Rishubh
Agarwal, Mr. Gaurav Choubey, Mr.
Naveen Nagarjuna & Mr. Ritik
Raghuwanshi, Advs. (M:
9580680148)
versus
SANDHAR TECHNOLOGIES LTD & ORS. ..... Defendants
Through: Mr. J. Sai Deepak, Mr. Tarun
Khurana, Ms. Meenakshi Ogra, Mr.
Rishi Vohra & Mr. Rajat Sabu, Advs.
(M: 9999498955)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.09.2023
1. This hearing has been done through hybrid mode.
2. This matter is taken up today as 8th September, 2023 was declared a holiday on account of the preparations for G-20 Summit.
I.A. 16237/20233. The present suit has been filed seeking permanent injunction restraining infringement of Patent No. 427110 and registered Design No. 275676, passing off, rendition of accounts, etc.
4. This Court, vide order dated 11th May 2023 read with the order dated 22nd May 2023 had directed the Defendants to file an affidavit providing CS(COMM) 301/2023 Page 1 of 4 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 16/09/2023 at 17:55:16 details of pending orders of the purported impugned product, received by Defendants as on 11th May 2023, enclosing there with copies of such orders.
5. Today, it is submitted by Defendants that there are two affidavits of compliance one was filed on 24th May, 2023 and the second was filed on 10th July, 2023.
6. The affidavit dated 10th July, 2023 provides the purchase orders issued prior to the order dated 11th May, 2023 which the Defendants wish to honor during the operation of the undertaking recorded vide order dated 11th May, 2023.
S. Order Date Order OEM Order Quantity
No. Reference received and
pending delivery
as on 11.05.2023
(revised on
13.05.2023) of
"Air Tight Fuel
Cap"
1. PO dated 4910055563 Tata Motors 32,455
0l.10.2022
Ltd.
(Tentative
Schedule
shared vide email
dated
24.02.2023 and
exact quantity
required to be
delivered
shared vide
letter dated
13.05.2023)
2. Initial PO dated OP19CH0001 Dali & 5,300
10.09.2019
Samir
with tentative
CS(COMM) 301/2023 Page 2 of 4
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 16/09/2023 at 17:55:16 schedule sent vide Engineering email dated Pvt. Ltd.
02.03.2023 coupled with exact quantity schedule sent vide letter dated 1l.05.2023, revised quantity sent vide email dated 13.05.2023 Total: 37,755
7. The Court has perused the affidavits and the documents that have been filed with the affidavit of compliance dated 24th May, 2023. Considering the nature of the products, the initial agreement with the customers for supply and the monthly tentative schedules, the Court is convinced that the Defendants ought to be permitted to honour its commitments with its customers in terms of the aforementioned purchase orders.
8. The Defendants shall be bound by the undertaking given on 11th May, 2023 except for supplies to these customers and the said undertaking shall continue.
9. Accordingly, the issue of compliance of the order dated 11th May 2023 is closed in the above terms.
10. In view of the above order, the I.A. 16237/2023 under Order XXXIX Rule 2A CPC is also disposed of in the above terms.
CS(COMM) 301/2023 Page 3 of 4This 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 16/09/2023 at 17:55:16 I.As. 9152/2023, 9154/ 2023 in CS (COMM) 301/2023
11. The written submissions are stated to have been filed by the parties.
12. List for hearing of the application under Order XXXIX Rule 1 and 2 CPC i.e. I.A. 9152/2023 on 13th December 2023.
PRATHIBA M. SINGH, J SEPTEMBER 11, 2023 dj/kt CS(COMM) 301/2023 Page 4 of 4 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 16/09/2023 at 17:55:16