Delhi High Court - Orders
Itc Limited vs Central Park Estates Private Limited & ... on 11 November, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 781/2022
ITC LIMITED ..... Plaintiff
Through: Mr. Arvind K. Nigam with Mr.
Rajshekar Rao, Sr. Advocates with
Mr. Afzal B. Khan & Ms. Debjyoti
Sonker & Mr. Vishal Nagpal,
Advocates. (M:9881880037)
versus
CENTRAL PARK ESTATES PRIVATE
LIMITED & ANR. ..... Defendants
Through: Mr. Peeyosh Kalra, Mr. Rohan J.
Kapoor & Ms. Nikita Anand,
Advocates. (M:8800934843)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.11.2022
1. This hearing has been done through hybrid mode.
2. Both parties do not have any objection if this Bench hear this matter. I.A. 18328/2022 (u/S 12A)
3. This is an application filed by the Plaintiff seeking exemption from instituting pre-litigation mediation. In view of the orders passed in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd, 2022/DHC/004454, the application is allowed and disposed of.
4. I.A. 18328/2022 is disposed of.
I.A. 18329/2022 (additional documents)
5. This is an application 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 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.11.2022 18:39:38 do so strictly as per the provisions of the Commercial Courts Act.
6. I.A.18329/2022 is disposed of.
I.A. 18330/2022 (for exemption)
7. This is an application seeking exemption from filing certified/cleared/typed or translated copies of documents. Exemption is allowed, subject to all just exceptions. I.A. 18330/2022 is disposed of. I.A. 18331/2022 (exemption from advance service to the Defendants)
8. In view of the fact that the Plaintiff has sought ex parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendants is granted.
9. Application is disposed of.
CS(COMM) 781/2022 and I.A. 18326/2022 (STAY)
10. The present suit has been filed seeking permanent injunction restraining infringement of the Plaintiff's trademark 'BUKHARA', as also reliefs for passing off, rendition of accounts, damages, delivery up, etc., against the Defendants.
11. Mr. Peeyoosh Kalra, ld. Counsel appearing for the Defendants, submits that he may be supplied a copy of the paper book in this matter. He further seeks an adjournment to be able to obtain instructions.
12. Accordingly, copy of the paper book has been supplied to Mr. Kalra today.
13. List on 14th November, 2022.
I.A. 18327/2022 (for appointment of local commissioner)
14. This is an application seeking appointment of a Local Commissioner for preparing an inventory and producing samples of various items bearing the impugned mark 'BALKH BUKHARA'.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.11.2022 18:39:3815. Since Mr. Kalra, ld. Counsel is appearing for the Defendants today, he submits on instructions, that his client would produce the menu cards, promotional material, stationery, photographs of the bibs/aprons, photographs of utensils/ containers, packaging material, etc., of the Defendants' restaurant 'BALKH BUKHARA', for perusal of the Court on Monday i.e. 14th November, 2022.
16. List on 14th November, 2022.
PRATHIBA M. SINGH, J.
NOVEMBER 11, 2022 MR/MS Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.11.2022 18:39:38