Delhi High Court - Orders
M/S Sunshine Teahouse Pvt. Ltd vs Mtrm Global Pvt. Ltd. And Ors on 20 February, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1403/2022
M/S SUNSHINE TEAHOUSE PVT. LTD ..... Petitioner
Through: Mr Ankit Miglani, Ms Muskan
Tandon, Advocates.
versus
MTRM GLOBAL PVT. LTD. AND ORS. ..... Respondent
Through: Mr. Darpan Wadhwa, Senior
Advocate and Mr. Gagan Gulati,
Advocate along with Directors
in person Mr. Satvir Singh and
Mr. Nitin Tomar.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 20.02.2023
1. Mr Satvir Singh, Respondent no. 2 has filed an affidavit dated 17.02.2023 and served the same on the Petitioner.
2. The Petitioner after perusing the said affidavit carried out a physical inspection of the Respondent's outlets. Pursuant thereto the Petitioner has filed in Court today a short note dated 20.02.2023, wherein at page 1 of the of the said note the Petitioner has enlisted the existence of outlets bearing the board of infringing trademark on the showroom, which would show non- compliance and breach of the decree dated 11.10.2022.
3. The matter was passed over to enable the Respondents to verify the contents of the short note.
Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:23.02.2023 11:10:584. At pass over stage, the learned Senior Counsel for the Respondents states that Respondents seek one week's time to remedy the breaches pointed out by the Petitioner.
5. The Respondent is directed to have a meeting with the Petitioner at the office of the counsel for the Petitioner on 28.02.2023 at 5.00 pm to satisfy the Petitioner with respect to the remedial steps taken and to satisfy the Petitioner with respect to the due compliance of the decree.
6. All necessary information evidencing the compliance will be provided to the counsel for the Petitioner at the said meeting, who will be at liberty to verify the said facts.
Swiggy, Zomato, Instagram and Facebook
7. Learned counsel for the Petitioner states that in contravention of the judgment dated 11.10.2022 listings/handles/pages under the mark 'CHAIOPS' are still active on the online platforms such as Swiggy, Zomato, Instagram and Facebook.
8. In reply, learned senior counsel for the Respondents states that the Respondents herein have issued multiple emails to the said agencies seeking compliance of the judgment. He states that in the emails issued to Swiggy and Zomato repeated request has been made to change the mark from CHAIOPS to CHAIAPPS.
9. He states that in the emails issued to the social media platform Instagram request has been made to de-activate or delete the pages/handles under the name CHAIOPS, which are being operated by the franchise owners.
Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:23.02.2023 11:10:5810. He states, however, the said emails have not been acted upon by the said entities.
11. This Court has considered the submission of both the parties. There can be no exception to due compliance of the judgment and decree dated 11.10.2022. In this view of the matter, Swiggy, Zomato, Instagram and Facebook are directed to immediately take down any listings/handles/pages under the Mark 'CHAIOPS' within a period of one week from the service of this order.
12. The parties are permitted to communicate a copy of this order to the platforms Swiggy, Zomato, Instagram and Facebook on their respective email IDs informing them of the above direction.
13. List on 13.03.2023 at 4.00 pm. MANMEET PRITAM SINGH ARORA, J FEBRUARY 20, 2023 pkv Signature Not Verified Digitally Signed By:RASHMI DABAS Signing Date:23.02.2023 11:10:58