Bombay High Court
Steel Authority Of India Ltd vs Sks Ispat And Power Ltd And 2 Ors on 9 June, 2022
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL INTELLECTUAL PROPERTY RIGHTS SUIT
NO.117 OF 2014
Steel Authority of India Ltd. .. Plaintiff
v/s.
SKS Ispat and Power Ltd. & Ors. .. Defendants
Mr. H.W. Kane a/w Nikhil Sharma & Ms. Vedangi Soman i/b. W.S. Kane
& Co. for the plaintiff.
Mr. Bomi Patel a/w Poorva Garg & Simon Mascarenhas i/b. Mulla &
Mulla and Cragie Blunt & Caroe for defendant no.1.
Mr. Ms. Rashmi A. Yati i/b. Sarika Singh for defendant no.2.
CORAM : A. K. MENON, J.
DATED : 9TH JUNE, 2022.
P.C. :
1. Document at serial no.1 being original power of attorney of Anurag Sharma is in the record. Hence, by consent, the said Power of Attorney dated 11th August, 2014 and marked as Exhibit P-39.
2. In view of the deposition of Anurag Sharma in paragraph 6 of his deposition dated 31st July, 2015 the document at serial nos.5 to 11 both inclusive in the compilation being copies of invoice 1/4
42.comip-117-14.doc wadhwa no.0000010771, 0000015059 and 0000015217 and the brochures shall be read in evidence and are marked Exhibit P-40, 41 to P-46 both inclusive.
3. The document at serial no.29 is marked by consent as Exhibit P-
47.
4. As far as document at serial nos.30, 31 and 32, they are certified copies of the orders passed by this court. There is no dispute as to the existence or contents thereon. Therefore same are not marked as Exhibits.
5. Document at serial no.38 is an email dated 27th September, 2011 addressed to the witness who is provided certificate under section 65B of the Evidence Act. Copy of the certificate has been provided to the Advocate for the defendant. In view thereof, document at serial no.38 e-mail along with its two enclosures marked Exhibit P-48, P-48(1), P-48(2) and certificate under Section 65B of the Evidence Act is marked as Exhibit P-49.
6. Document at serial nos.50 and 51 are marked by consent Exhibit P-50 and P-51 along with its enclosures.
7. As far as document at serial no.52 and 53 are concerned, in view of the deposition of the witness in paragraph 22 and the certificate under section 65B of the Evidence Act already on 2/4
42.comip-117-14.doc wadhwa record, these emails along with its enclosures being the photographs from page 155 to 158 and pages 160 to 164 are marked to be read in evidence as Exhibit P-52 and P-53.
Sr. No. Particulars Exhibit Nos.
1. Original Power of Attorney of Mr. Anurag P-39 Sharma dated 11th August, 2014
5. Copy of the Plaintiff's invoice No. 0000010771 P-40 dated 7th October, 2011.
6. Copy of the Plaintiff's invoice No. 0000015059 P-41 dated 5th January, 2012
7. Copy of the Plaintiff's invoice No. 0000015217 P-42 dated 11th January, 2012
8. Plaintiff's brochure promotion material in P-43 respect of its said trade mark SAIL JYOTI
9. Plaintiff's brochure promotion material in P-44 respect of its said trade mark SAIL TMT HCR
10. Plaintiff's brochure promotion material in P-45 respect of its said trade mark SAIL TMT EQR
11. Plaintiff's brochure promotion material in P-46 respect of its said trade mark SAIL JYOTI GP/GC
29. Copy of web page showing registration at www.sail.co.in on WHOis.net in relation to P-47 Plaintiff's domain name.
38. Print out of email dated 27th September, 2011 at 1:25p.m. from Rajesh Srivastava to Anurag P-48 Sharma.
Joint Note dated 26th September, 2011 P-48(1) Joint Note dated 27th September, 2011 P-48(2) 3/4
42.comip-117-14.doc wadhwa Certificate under Section 65B of the Indian Evidence Act. P-49
50. Print out of the email dated 28 th November, 2012 at 1:42 p.m. from K Anuj Khanna (kanujkhanna@sksispat) to Anurag Sharma P-50 enclosing therewith pdf image of Excel Sheets dated 28th November, 2012.
51. Print out of the email dated 1 st December, 2012 at 2:24 p.m. from K Anuj Khanna (kanujkhanna@sksispat) to Anurag Sharma P-51 st enclosing therewith rate list dated 1 December, 2012.
52. Print out of email dated 8th December, 2012 at 10:30 on behalf of Rakesh Srivastava of RITES Ltd. P-52 to Neeraj Mittal and Anurag Sharma with 8 photographs .
53. Print out of email dated 8th December, 2012 at 15:54 on behalf of Rakesh Srivastava of RITES Ltd.
P-53 to Neeraj Mittal and Anurag Sharma with 10 photographs.
8. List on 23rd June, 2022.
(A. K. MENON, J.) Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:
2022.06.21 18:27:26 +0530 4/4
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42.comip-117-14.doc wadhwa