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Deepak Babulal Data vs Deepak Vegpro Private Limited on 22 February, 2019

Author: Jayant Nath

Bench: Jayant Nath

$~OS-23
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 94/2019
      DEEPAK BABULAL DATA               ..... Plaintiff
                  Through    Mr.Harshit     Tolia,      Mr.Rajendra
                  H.Bhansali, Mr.R.S.Sudheer and Mr.Sitesh
                  Narayan Singh, Advs.

                          versus

      DEEPAK VEGPRO PRIVATE LIMITED ..... Defendant
                  Through     Mr.Narendra M.Sharma,
                  Mr. Abhishek Sharma and Mr.Aditya Singh, Advs.
                  for D-1 & 2

      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH

                      ORDER

% 22.02.2019 IA No.2553/2019 (exemption) Allowed subject to all just exceptions.

Time is granted to the plaintiff to file original documents within 30 days. Application stands disposed of.

In view of order passed above in IA 2552/2019 this application has become infructuous and stands disposed of as above. CS(COMM) 94/2019 Let the plaint be registered as suit. Issue summons to the defendants. Learned counsel for defendants No.1 and 2 enters appearance on seeing the matter in the list and accepts notice.

Written statement be filed within 30 days. List on 14.3.2019. On that date the file of CS(Comm.)419/2018 be also sent to the court.

Issue notice. Learned counsel for defendants No.1 and 2 accepts notice and states that defendant No.2 also has a registered trademark "SCOOTER" and that defendant No.1 is a licensee of defendant No.2. He states that defendant No.2 has been using the trademark since 1990. He also states that CS (Comm.)419/2018 is pending before this court for the same issues.

Reply be filed within one week. Short synopsis be filed within 10 days.

List on 14.3.2019.

JAYANT NATH, J FEBRUARY 22, 2019 n