Delhi High Court - Orders
Visage Beauty & Healthcare Pvt Ltd vs Herbal Carts & Ors on 28 September, 2020
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~8(original side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ I.A. 16780/2019, I.A. 16781/2019, I.A. 3484/2020, I.A.
3485/2020, I.A. 3486/2020, I.A 6736/2020, I.A. 6737/2020 in
CS(COMM) 650/2019
VISAGE BEAUTY & HEALTHCARE PVT LTD ..... Plaintiff
Through: Mr. Vaibhav Vats and Ms.
Aamna Hasan, Advs.
versus
HERBAL CARTS & ORS. ..... Defendants
Through: Mr. Garv Malhotra, Adv. for
Defendant no. 7
Mr. Parag P. Tripathi, Sr. Adv.
with Mr. Tejas Karia, Mr.
Gauhar Mirza and Mr. Laltaksh
Joshi, Advs. for D-9
Mr. Ajit Warrier, Adv. for
Defendant no. 10
Mr. Parag P. Tripathi, Sr.
Advocate with Mr. for
Defendant no.
None for Defendant nos. 1, 3, 8
and 11
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 28.09.2020
(Video-Conferencing)
I.A. 16780/2019
1. Replies have been filed by the Defendants Nos. 7, 9 and 10. It is noted that the reply, filed by Defendant No. 7, to this application, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 650/2019 Page 1 of 5 Signing Date:30.09.2020 14:51:41 has been placed in the wrong folder. The Registry is directed to ensure that the reply, to this application, is placed in the correct folder before the next date of hearing.
2. There is no appearance on behalf of Defendant Nos. 1 to 6, 8, 11 and 12.
3. A perusal of the record of the order-sheet, in this matter, reveals that these defendants have not been appearing, either in Court or before the learned Joint Registrar. On 20th January, 2020, the learned Joint Registrar has expressed dissatisfaction regarding service on Defendant Nos. 1 and 8 and has directed fresh service to be effected on Defendant Nos. 1 to 6 and 8. Thereafter, owing to the restrictions imposed, consequent on the Covid-2019 pandemic, the matter has not been substantively taken up by the learned Joint Registrar.
4. In my opinion, the completion of pleadings, in this application, ought to be effected before the learned Joint Registrar, so as to avoid clogging the board of the Court.
5. Accordingly, list this application before the Joint Registrar on 1st October, 2020, to ensure completion of pleadings in the present I.A., whereafter the I.A. would be listed before this Court. Inasmuch as the application is under Order XXXIX, the learned Joint Registrar would ensure that there is no undue delay and that unnecessary and repeated opportunities are not granted to the defendants to respond to this IA.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 650/2019 Page 2 of 5 Signing Date:30.09.2020 14:51:41 I.A. 16781/20191. Mr. Vaibhav Vats, learned counsel for the plaintiff, submits that, as the Local Commissioner has been appointed and the local commission has been conducted, this I.A. has been rendered infructuous, and is disposed of accordingly.
I.A. 3484/20201. This is an application by Defendant no. 10, namely, Facebook India Online Services Private Limited, for deletion from the array of parties in this suit, on the ground that it is not necessary for the said defendant to be a party, in view of the fact that Facebook Inc. already stands impleaded as Defendant No. 9.
2. Mr. Vaibhav Vats, learned counsel for the plaintiff has no objection to the deletion of Defendant No. 10 from the array of parties, in view of the said submission.
3. Accordingly, this application is allowed. Defendant No. 10 would stand deleted from the array of parties.
4. The application is disposed of.
I.A. 3485/20201. This is an application by the plaintiff to add M/s. S.R. Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 650/2019 Page 3 of 5 Signing Date:30.09.2020 14:51:41 Cosmetics, A-1, 32, DLF Extension, Near Pasha Properties Wali Gali, Bhopura, Ghaziabad, U.P. as an additional defendant, on the ground that they are also dealing with infringing products.
2. Accordingly, the application is allowed. M/s. S.R. Cosmetics, A-1, 32, DLF Extension, Near Pasha Properties Wali Gali, Bhopura, Ghaziabad, U.P., is impleaded as Defendant No. 12.
3. Mr. Vaibhav Vats, learned counsel for the plaintiff, is directed to file an amended memo of parties, deleting Defendant No. 10, namely, Facebook India Online Services Private Limited and adding M/s. S.R. Cosmetics, as Defendant No. 12, within a period of one week from today. However, the numbering of the defendants would not be changed in order to avoid any confusion.
4. The application is disposed of.
I.A. 3486/20201. For the reasons stated in the application, the delay of fourteen days in clearing the objections raised by the Registry is condoned.
2. The application is disposed of.
I.A 6736/20201. This is an application by M/s. Facebook India Online Services Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 650/2019 Page 4 of 5 Signing Date:30.09.2020 14:51:41 Private Limited. Inasmuch as the said applicant has been deleted from the array of defendants, this application would not survive for consideration and is disposed of as such.
I.A. 6737/2020 (under Order XXXIX Rule 4 CPC)
1. A response to this application is stated to have been filed by the plaintiff and rejoinder thereto, is stated to have been filed by the applicant/Defendant No. 9. However, neither the response of the plaintiff nor the rejoinder of the applicant/Defendant No. 9 thereto, is on record.
2. Learned counsel for the plaintiff and the Defendant No. 9 are directed to coordinate with the Registry and have the reply and rejoinder placed on record before the next date of hearing
3. Renotify on 20th November, 2020 before the Court.
C. HARI SHANKAR, J.
SEPTEMBER 28, 2020 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 650/2019 Page 5 of 5 Signing Date:30.09.2020 14:51:41