Delhi High Court - Orders
Su Kam Power Systems Ltd vs Su Mak Power Systems Ltd And Ors on 16 November, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 769/2022
SU KAM POWER SYSTEMS LTD ..... Plaintiff
Through: Mr.Pravin Anand, Mr.Dhruv Anand,
Ms.Udita Patro, Ms.Nimrat Singh,
Ms.Swati Jain, Advs.
versus
SU MAK POWER SYSTEMS LTD AND ORS ..... Defendants
Through: Mr.Darpan Wadhwa, Sr. Adv. with
Ms.Veena Ralli, Mr.Piyush
M.Dwivedi, Advs. for D-1 to 4.
Mr.B.B.Gupta, Sr.Adv. with
Ms.Anuradha Salhotra, Mr.Sumit
Wadhwa, Ms.Saloni Chowdhry,
Mr.Saugaat Khurana, Mr.Achal
Gupta, Advs. for D-5 to 7.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 16.11.2022 I.A.18132/2022
1. This is an application filed on behalf of the plaintiff seeking to file additional documents which are not in the power, possession, control or custody of the plaintiff at the moment.
2. The plaintiff may file the additional documents strictly in accordance with the provisions of the law.
3. The application stands disposed of.
I.A.18133/2022 (exemption)
4. Allowed, subject to all just exceptions.
Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:21.11.2022 11:08:09 I.A.18135/20225. This application has been filed seeking exemption from filing for pre- institution mediation under Section 12A of the Commercial Courts Act, 2015.
6. Having perused the contents of the application, the same is allowed.
I.A.18134/20227. The learned counsel for the plaintiff submits that the requisite Court Fee has already filed/deposited vide Diary No.1857163 dated 07.11.2022.
8. The application is accordingly disposed of as being infructuous. CS(COMM) 769/2022 & I.As. 18130/2022, 18131/2022
9. The learned senior counsel appearing for the defendant no.1 to 4 submits that the website of the defendant no.4, inadvertently refers to the mark of the plaintiff as the defendant no.4 was the erstwhile distributor of the products of the plaintiff. He submits that any reference to the plaintiff or its mark in the website of the defendant no.4 shall be immediately removed, if not already removed.
10. He further submits that the defendant nos.1 to 4 are not manufacturing/selling any products in India under the mark of the plaintiff or the mark .
11. He further submits that the defendant no.4 is, in fact, the registered proprietor of the mark in Dubai, United Arab Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:21.11.2022 11:08:09 Emirates.
12. The learned senior counsel for the defendant nos.5 to 7 also submits that the defendant nos.5 to 7 are neither using the mark of the plaintiff nor the mark ,of which the defendant nos.6 and 7 are the registered proprietors.
13. The learned senior counsels for the defendant nos.1 to 4 and defendant nos.5 to 7 respectively, however, pray for time to seek instructions, if they intend to manufacture/sell any product in India under the mark of the plaintiff and/or the mark .
14. Let affidavit in this regard be filed by the respective defendants within a period of two weeks from today.
15. The learned senior counsels for the defendants, however, undertake, on instructions, that the defendants shall not manufacture or sell any product in India under the mark of the plaintiff and/or the mark in India, in order to maintain status quo, till the next date of hearing.
Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:21.11.2022 11:08:0916. List on 9th December, 2022.
NAVIN CHAWLA, J NOVEMBER 16, 2022/Arya Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:21.11.2022 11:08:09