Delhi High Court - Orders
Worknest Business Centre Llp & Anr vs Ms Worknests Through Sh Rajesh Goyal on 7 January, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 406/2020 & IA Nos.8773-74/2020, 11347/2020,
15368/2021
WORKNEST BUSINESS CENTRE LLP & ANR. ..... Plaintiffs
Through : Mr. Sachin Gupta, Mr. Pratyush Rao,
Ms. Jasleen Kaur, Mr. Snehal Singh,
Ms. Namrata Tripathi and Ms. Swati
Meena, Advocates.
versus
MS WORKNESTS THROUGH SH RAJESH GOYAL ..... Defendant
Through : Mr.Sanjoy Kumar Ghosh and
Ms.Rupali S Ghosh Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 07.01.2022
1. The hearing has been conducted through Video Conferencing.
2. I.A.No.11346/2020 is an application filed by the plaintiff under Order I Rule 10 CPC seeking deletion of sole defendant and substituting other parties stated in the application as co-defendants.
3. It is alleged the plaintiff has filed this suit against the defendant for adopting the impugned name/mark WORKNESTS and domain name www.worknests.com, which is identical to the plaintiff‟s well known trademark/label WORKNEST registered under no. 3861870 and 3861871 both dated 16.06.2018 in classes 35 and 36 for services interalia real estate services, advertising, marketing, financing and investment, rental of offices etc.
4. It is stated sole defendant filed its written statement dated 29.10.2020 through Mr.Rajesh Goyal denying the averment of the plaintiffs, but alleging that M/s.Worksnests is not a legal entity and that subject trademark Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:10.01.2022 16:22 has been used by a partnership firm namely M/s.Worknests Projects and M/s.WN Space Solutions Pvt. Ltd. It is further alleged by the learned counsel for the plaintiff from the MCA records, it was discovered Mr.Rajesh Goyal, Mr.Hiralal Agarwal, Mr.Rupesh Agarwal and Ms.Rinku Goyal are directors of M/s.WN Space Solutions Pvt. Ltd. and similarly the partnership deed of M/s.Worknests dated 13.09.2018 filed by the defendant along with its written statement, it was discovered that Mr. Hiralal Agarwal, Mr.Rupesh Kumar Agarwal and Pranam Realtors P. Ltd. are the partners of M/s Worknests Projects. The amended memo of parties is annexed as document 1.
5. It is stated all the defendants are jointly and severally liable/ responsible for adopting the impugned mark and infringing the registered trade mark of the Plaintiffs. It is an admitted fact Mr.Rajesh Goyal is the director of M/s.WN Space Solutions Pvt. Ltd.
6. In the circumstances, the following parties are impleaded as defendants viz. M/s.WN Space Solutions Pvt. Ltd through its directors Mr.Rajesh Goyal and Ms.Rinku Goyal as defendant no.1; M/s.Worknests Projects as defendant no.2; Mr.Rupesh Kumar Agarwal partner in M/s.Worknests Projects as defendant no.3 and M/s.Pranam Realtor Pvt. Ltd. as defendant no.4.
7. The amended memo of parties be filed.
8. The application under Order VI Rule 17 CPC be also modified because of the above. List CS(COMM) 406/2020 on 18.04.2022.
9. The application stands disposed of.
I.A.No.9259/202110. This is an application filed by the plaintiff under Order XI Rule 1(4) Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:10.01.2022 16:22 CPC amended by the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015. It is stated for the disposal of the suit some of the facts are necessary to be brought on record and hence this application is filed to take on record certain documents and the same are mentioned in para 4 of this application.
11. Since the pleadings are yet to be completed it will not cause harm to the defendants if the above documents are taken on record. Be taken on record. Rebuttal documents, if any, be filed by the defendants.
12. The application stands disposed of.
YOGESH KHANNA, J.
JANUARY 07, 2022 DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:10.01.2022 16:22