Delhi High Court - Orders
Cashgrail Private Limited vs Blue Horizone Infotech Llp on 25 September, 2023
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 671/2023, I.A. 18665/2023, I.A. 18666/2023, I.A.
18667/2023, I.A. 18668/2023 & I.A. 18669/2023
CASHGRAIL PRIVATE LIMITED ..... Plaintiff
Through: Mr. Amit Sibal, Sr. Adv. with
Mr. Jayant K. Mehta, Mr. Saikrishna
Rajagopal, Mr. Sagar Chandra, Ms. Ishani
Chandra, Ms. Srijan Uppal, Ms. Mehek Dua,
Ms. K. Natasha, Ms. Savni Endlaw, Mr.
Rishabh Sharma and Mr. Srikar, Advs.
versus
BLUE HORIZONE INFOTECH LLP ..... Defendant
Through: Mr. Chander M Lall, Sr. Adv.
with Mr. Hemant Kothari, Mr. Bharat Gupta,
Ms. Ananya Chugh, Ms. Yashi Agrawal and
Mr. Abhinav Bhalla, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 25.09.2023
(Through Video-Conferencing)
CS(COMM) 671/2023
1. The plaintiff is the creator and owner of the skill based online games including 'Ludo Supreme League', 'Ludo Ninja', 'Ludo Supreme', 'Ludo Turbo', 'Snakes & Ladders Plus' and 'Trump Cards Mania'. Shorn of superfluities, the plaintiff is aggrieved by the defendant engaging itself in providing similar games inter alia under the name "LUDO TOURNAMENT" which, according to the plaintiff, replicate the essential features of the games which are made available by the plaintiff and also infringes the plaintiff's registered trademarks.
CS(COMM) 671/2023 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:48:57
2. Though the averments in the plaint and the submissions made by Mr. Sibal at the bar make out a case worthy of consideration, as the defendant has been providing services in the form of the impugned game, following para 8 of the order passed by the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.1, the defendant would be entitled to an opportunity to respond before any interim orders are passed in this matter.
3. Accordingly, let the plaint be registered as a suit.
4. Issue summons in the suit.
5. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within 30 days thereof.
6. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 28 November 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
I.A. 18665/2023 [under Order XXXIX Rules 1 & 2, CPC]
7. This is an application by the plaintiff under Order XXXIX 1 Order dated 21 August 2023 in FAO(OS) (COMM) 171/2023 CS(COMM) 671/2023 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:48:57 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).
8. In view of the aforesaid, issue notice. Notice is accepted on behalf of the defendant by Mr. Bharat Gupta.
9. Reply, if any, be filed within two weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto within one week thereof.
10. Re-notify for hearing and disposal of this application on 19 October 2023.
11. No extension of time shall be granted for filing reply or rejoinder. The matter would be taken up on the next date of hearing, for hearing and disposal of the application in preference to all other matters which are for final hearing including part heard matters on the next date of hearing.
I.A. 18666/2023 [under Order XI Rule 1(4) of the CPC]
12. By this application, the plaintiff seeks permission to file additional documents.
13. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within 30 days from today.
14. The application stands disposed of accordingly.
CS(COMM) 671/2023 Page 3 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:48:57 I.A. 18667/2023 [under Section 151 of the CPC]
15. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.
16. The application is disposed of.
I.A. 18668/2023 [under Section 12A of the Commercial Courts Act, 2015]
17. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd2, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
18. The application stands allowed accordingly.
I.A. 18669/2023 [under Section 151 of the CPC]
19. The pen drive is permitted to be taken on record, subject to providing a copy thereof to learned Counsel for the defendant.
20. The application is disposed of.
C.HARI SHANKAR, J SEPTEMBER 25, 2023 ar 2 2022 SCC OnLine Del 3529 CS(COMM) 671/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2023 at 22:48:57