Delhi High Court - Orders
Moonshine Technology Private Limited vs White Star Bv & Ors on 2 September, 2024
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 745/2024
MOONSHINE TECHNOLOGY PRIVATE LIMITED.....Plaintiff
Through: Mr. Dushyant Mahant, Mr. Subhash
Bhutoria and Ms. Chhavi Singh,
Advs.
versus
WHITE STAR BV & ORS. .....Defendants
Through: None
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 02.09.2024
I.A. 37984/2024-Exp
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. 37983/2024-Exp from pre institution mediation.
3. The plaintiff vide the present application seeks exemption from instituting pre-litigation mediation.
4. Considering the averments made in the present application wherein the plaintiffs seek urgent ad-interim reliefs and in view of Yamini Manohar vs. T.K.D. Krithi 2023 SCC OnLine 1382 and Chandra Kishore Chaurasia vs. R. A. Perfumery Works Private Limited 2022:DHC:4454- DB, the plaintiffs are exempted from instituting pre-litigation mediation.
5. Accordingly, the present application is allowed and disposed of.
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 04/09/2024 at 02:47:42 I.A. 37982/2024-Addl.doc.
6. The plaintiff vide the present application seek time of thirty days to file additional documents.
7. The plaintiff will be at liberty to file additional documents within thirty days, albeit, strictly as per the provisions of the Commercial Courts Act, 2015 and Delhi High Court (Original Side) Rules, 2018.
8. Accordingly, the present application is disposed of. CS(COMM) 745/2024
9. Let the plaint be registered as a suit.
10. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes returnable before the Joint Registrar on 03.12.2024.
11. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of the receipt of the summons. Written statement(s) be filed by the defendants along with affidavit(s) of admission/ denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.
12. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s). The said replication, if any, shall be accompanied by with affidavit(s) of admission/ denial of documents filed by the defendants, without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.
13. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.
14. List before the Joint Registrar for completion of pleadings on 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 04/09/2024 at 02:47:42 28.11.2024. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.
15. List before the Court on 13.11.2024.
I.A. 37981/2024-Stay(u/Order XXXIX rule 1 & 2 CPC, 1908)
16. The present application has been filed by the plaintiff, seeking the following reliefs:-
"a. Grant an ex-parte ad-interim injunction in favour of the Plaintiff and against the Defendant Nos. 1-3 restraining the said Defendants by themselves, their principal officers, promoters, employees, associates, affiliates, agents et al. restraining the Defendants, their principal officers, promoters, employees, associates, affiliates, agents et al. from using the infringing mark, BigBaazi / Big Baazi or any other mark or trade indicia, which is identical to or is deceptively similar with the Plaintiff's well-known brand and registered trademark, Baazi, in any form or manner, whatsoever, which use by the Defendants amounts to infringement of the Plaintiff's exclusive rights in the registered marks;
b. Grant an ad-interim injunction in favour of the Plaintiff and against the Defendant Nos. 1-3 restraining the said Defendants by themselves, their principal officers, promoters, employees, associates, affiliates, agents et al. restraining the Defendants, their principal officers, promoters, employees, associates, affiliates, agents et al. from using the infringing mark, BigBaazi / Big Baazi or any other mark or trade indicia, which is identical to or is deceptively similar with the Plaintiff's well-known brand and registered trademark, Baazi, in any form or manner, whatsoever, which use by the Defendants amounts to infringement of the Plaintiff's exclusive rights in the registered marks;
c. Direct the Defendants, including Defendant No. 4 to suspend use and transfer of the domain names, www.bigbaazi.com, www.bigbaazis.com, www.bigbaaziapp.com, www.bigbaaziindia.net and any other such website / domain name owned by the Defendants, in India, till the pendency of this proceeding."
17. The cause of action for instituting the present suit as per the plaintiff first arose in and around November 2022 and lastly until 2023.
18. Accordingly, upon filing of the process fee, issue notice to the 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 04/09/2024 at 02:47:42 defendants through all permissible modes returnable before the Joint Registrar on 03.12.2024.
19. Reply be filed within a period of four weeks thereafter. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
20. List before the Joint Registrar for completion of pleadings on 03.12.2024.
21. List before the Court on 13.11.2024.
SAURABH BANERJEE, J SEPTEMBER 2, 2024/rr 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 04/09/2024 at 02:47:42