Abros Sports International Private ... vs Ashish Bansal And Ors on 18 October, 2022

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Delhi High Court - Orders

Abros Sports International Private ... vs Ashish Bansal And Ors on 18 October, 2022

Bench: Prathiba M. Singh

                          $~26
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                       CS(COMM) 702/2022
                               ABROS SPORTS INTERNATIONAL PRIVATE
                               LIMITED                                                ..... Plaintiff
                                                  Through: Mr. Ranjan Narula and Mr. Shashi,
                                                              Advocates (M: 9891584230).
                                                  versus
                               ASHISH BANSAL AND ORS                             ..... Defendants
                                                  Through: Mr. Neeraj Malhotra, Sr. Advocate
                                                              with Mr. Sanchay Mehrotra, Mr.
                                                              Nimish     Kumar,   Mr.        Mayank
                                                              Bhardwaj, Ms. Bhawna Jain and Ms.
                                                              Shrema Singh, Advocates for D-1.
                               CORAM:
                               JUSTICE PRATHIBA M. SINGH
                                           ORDER

% 18.10.2022

1. This hearing has been done through hybrid mode. I.A.16557/2022 (additional documents)

2. This is an application filed on behalf of the Plaintiff seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, 'Commercial Courts Act'). The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.

3. I.A.16557/2022 is disposed of.

I.A.16556/2022 (for exemption)

4. This is an application filed on behalf of the Plaintiff seeking exemption from filing clear/original copies of documents. Exemption is allowed, subject to all just exceptions.

5. I.A.16556/2022 is disposed of.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 702/2022 Page 1 of 3 Signing Date:20.10.2022 11:06:27

I.A.16558/2022 (u/S 12A)

6. This is an application filed on behalf of the Plaintiff seeking exemption from instituting pre-litigation mediation. In view of the orders passed in CS (COMM) 132/2022 titled Upgrad Education v. Intellipaat Software and CS (COMM) 582/2022 titled Bolt Technology OU v. Ujoy Technology Private Limited & Anr., the application is allowed.

7. I.A.16558/2022 is disposed of.

CS (CO.MM) 702/2022

8. Let the plaint be registered as a suit.

9. Issue summons to the Defendants through all modes upon filing of Process Fee. Ld. Counsel for the Defendant No.1 accepts summons.

10. Let the written statement to the plaint be now positively filed within 30 days. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

11. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, 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 any documents, the same shall be sought and given within the timelines.

12. List before the Joint Registrar for marking of exhibits on 1st December, 2022.

13. List before Court on 20th October, 2022.

I.A. 16555/2022 (u/O XXXIX Rule 1 & 2)

14. Mr. Sanchay Mehrotra, ld. Counsel on behalf of the Defendant No. 1, Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 702/2022 Page 2 of 3 Signing Date:20.10.2022 11:06:27 accepts summons and notice on behalf of Defendant No. 1.

15. The dispute in the present suit is in respect of the brand names 'ABROS' of the Plaintiff, and 'NEBROS' of the Defendants, in respect of footwear.

16. Before considering the matter on merits, both ld. Counsels for the parties shall produce a certificate, on the next date of hearing, of a Chartered Accountant who has perused the audited balance sheets, as also the financial records of the respective companies. Ld. Counsels shall also place before this Court, the sales figures of their respective companies for the previous two years, as also the advertisement and promotional figures.

17. It shall be ensured that authorized representatives of both the parties, who are capable of taking decisions, shall be present on the next date of hearing.

18. In the meantime, if there are any proposals to be exchanged, between the parties, Counsels may do so, at their level.

19. Accordingly, list for consideration of the interim injunction application on 20th October, 2022.

PRATHIBA M. SINGH, J.

OCTOBER 18, 2022/MR/SS Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 702/2022 Page 3 of 3 Signing Date:20.10.2022 11:06:27

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Delhi High Court - Orders