Delhi High Court - Orders
Sh. Kushal Agrawal vs German Remedies Pharmaceuticals Pvt. ... on 29 November, 2023
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 848/2023, I.A. 23698/2023, I.A. 23699/2023, I.A.
23700/2023, I.A. 23701/2023 & I.A. 23702/2023
SH. KUSHAL AGRAWAL ..... Plaintiff
Through: Mr. S. K. Bansal, Adv.
versus
GERMAN REMEDIES PHARMACEUTICALS PVT. LTD.
..... Defendant
Through: Mr. Rajiv Nayyar, Sr. Adv.
with Ms. Bitika Sharma, Ms. Vrinda Pathak,
Mr. George Vithayathil and Ms.
Manjunathan PS, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 29.11.2023
CS(COMM) 848/2023
1. The plaintiff is aggrieved by the use, by the defendant, of the mark VIGORE which, according to the plaintiff, is deceptively similar to the plaintiff's mark VIGORA, especially as the terminal "E" is written in a style which makes it resemble "A".
2. Mr. Rajiv Nayyar, learned Senior Counsel for the defendant submits that the plaintiff is no longer using the mark in the said fashion. He has provided a sample of the present pack of the defendant's product in which VIGORE is written as VIGORE, without the terminal "E" resembling "A".
CS(COMM) 848/2023 Page 1 of 5This 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 30/11/2023 at 22:34:04
3. Mr. Nayyar further submits that his client is in the market since 2016 and that, therefore, the defendant is entitled to file a response before the Court considers the prayer for interlocutory injunction.
4. Let the plaint be registered as a suit.
5. Issue summons in the suit. Summons are accepted on behalf of the defendant by Ms. Vrinda Pathak.
6. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within 30 days thereof.
7. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 29 January 2024, whereafter the matter may be placed before the Court for case management hearing and further proceedings.
CS(COMM) 848/2023 Page 2 of 5This 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 30/11/2023 at 22:34:04 I.A. 23698/2023 [under Order XXXIX Rules 1 and 2 of the CPC]
8. This is an application by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC), seeking interlocutory injunctive reliefs.
9. Subject to the defendant being bound by the statement made by learned Counsel at the Bar that the defendant would be using the mark VIGORE as reflected on the photograph of the pack reproduced hereinabove, Mr. Bansal is agreeable to the defendant being granted an opportunity to file a response before this application is taken up for hearing.
10. As such, Issue notice, returnable on 1 February 2024. Notice is accepted on behalf of the defendant by Ms. Vrinda Pathak.
11. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto within four weeks thereof.
12. In the meanwhile, the defendant shall restrain its use to the mark VIGORE to the manner in which it is reflected on the pack, the photograph of which is reproduced hereinabove.
I.A. 23699/2023 [under Order XXVI Rule 9 of the CPC]
13. This is an application by the plaintiff under Order XXVI Rule 9 of the CPC, for appointment of a local Commissioner. In view of the aforesaid, no orders are required to be passed on this application CS(COMM) 848/2023 Page 3 of 5 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 30/11/2023 at 22:34:04 which is disposed of as such.
I.A. 23700/2023 [under Order XI Rule 1(4) of the CPC]
14. By this application, the plaintiff seeks permission to file additional documents.
15. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the CPC as amended by the Commercial Courts Act, 2015 within 30 days from today.
16. The application stands disposed of accordingly.
I.A. 23701/2023 [under Section 151 of the CPC]
17. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.
18. The application is disposed of.
I.A. 23702/2023 [under Section 12A of the Commercial Courts Act, 2015]
19. This is an application for exemption from the requirement of pre-institution mediation.
20. Issue notice, returnable on 1 February 2024. Notice is accepted on behalf of the defendant by Ms. Vrinda Pathak.
CS(COMM) 848/2023 Page 4 of 5This 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 30/11/2023 at 22:34:04
21. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto within four weeks thereof.
C.HARI SHANKAR, J NOVEMBER 29, 2023 ar Click here to check corrigendum, if any CS(COMM) 848/2023 Page 5 of 5 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 30/11/2023 at 22:34:04