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Delhi High Court - Orders

Parle Agro Private Limited vs Pepsico India Holdings Private Limited ... on 19 February, 2024

                            $~18
                            *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +         CS(COMM) 944/2023, I.A. 26144/2023 & I.A. 3878/2024.
                                      PARLE AGRO PRIVATE LIMITED                                                             ..... Plaintiff
                                                                           Through:                 Mr. Chander M Lall, Sr. Advocate with
                                                                                                    Mr. Ankur Sangal, Ms. Pragya Mishra
                                                                                                    and Mr. Shauray Pandey, Advocates.
                                                                           versus

                                        PEPSICO INDIA HOLDINGS PRIVATE LIMITED & ANR.
                                                                                                                            ..... Defendant
                                                                           Through:                 Mr. Rajiv Nayar, Senior Advocate with
                                                                                                    Mr. Dayan Krishnan, Sr. Advocate, Mr.
                                                                                                    Manish K. Jha & Mr. Angad Baxi,
                                                                                                    Advocates, Mr. Manish K. Jha, Mr. C.
                                                                                                    Bani, Ms. Avni Sharma Mr. S. Kali,
                                                                                                    Advocates for defendants.
                                      CORAM:
                                      HON'BLE MR. JUSTICE ANISH DAYAL
                                                                           ORDER

% 19.02.2024 I.A. 3878/2024 (Application seeking permission to proceed with the filing of rectification petition against the plaintiff's registration).

1. This application has been filed under Section 124 of the Trademarks Act, 1999 read with Section 151 of Code of Civil Procedure, 1908 by defendant no.1 seeking leave to defendant no.1 to frame an issue to the alleged invalidity of the plaintiff registrations nos. 2313440, 2106067, 3234037, 3234041, 3234042, 2399563, 1668879, 3456564, 1807584, 1773672, 2313433, & 4468858.

2. Issue notice.

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 21/02/2024 at 21:56:31

3. Notice is accepted by counsel for plaintiff who shall file a reply to the same in the next three weeks with copy to the opposing side who may file rejoinder thereafter, if so necessitated, before the next date of hearing.

4. List on 01st April, 2024.

5. Order be uploaded on the website of this Court.

ANISH DAYAL, J FEBRUARY 19, 2024/RK Click here to check corrigendum, if any 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 21/02/2024 at 21:56:31