Delhi High Court - Orders
Walmart Apollo, Llc vs Jyothy Labs Limited on 18 July, 2024
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 577/2024 & I.A. 33399/2024-Stay
WALMART APOLLO, LLC .....Plaintiff
Through: Ms. Anuradha Salhotra, Ms. Ekta
Sarin, Mr. A. Samaddar and Mr.
Akshaey Bharadwaj, Advocates
versus
JYOTHY LABS LIMITED .....Defendant
Through: Mr. Pravin Anand, Mr. S. Gupta,
Ms. Prashanga Singh, Mr.
Achuthan S. Kumar, Mr. Rohil
Bansal and Mr. Swastik Bisarya,
Advocates
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 18.07.2024 CAV 322/2024
1. Since, learned counsel for the defendant has entered appearance, the caveat stands discharged.
I.A. 33401/2024 (pre-institution mediation)
2. Since, as per plaint the cause of action against the defendant arose way back in November 2019 and a notice was thereafter sent by the plaintiff way back on 27.01.2023 to which reply on behalf of the defendant was also sent way back on 09.08.2023, no case for seeking pre- institution mediation is made out.
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 20/07/2024 at 03:49:51
3. Accordingly, the application stands disposed of. I.A. 33402/2024 (court fee)
4. By virtue of the present application, the plaintiff seeks grant of an extension of time of one week to file the requisite Court Fees.
5. For the reasons stated in the present application, the application is allowed subject to the plaintiff depositing Court Fee within a period of one week.
6. Accordingly, the application stands disposed of. I.A. 33403/2024 (Exp from filing original doc)
7. By virtue of the present application, the plaintiff seeks exemption from filing the original documents attached with the suit at the time of filing the suit as the same would be produced before the Court as and when directed by this Hon'ble Court.
8. For the reasons stated, the application is allowed
9. Accordingly, the application stands disposed of. I.A. 33400/2024 (Additional documents)
10. By virtue of the present application, the plaintiff seeks leave to file additional documents.
11. The plaintiff will be at liberty to file additional documents at a later stage, albeit, strictly as per the provisions of the Commercial Courts Act.
12. Accordingly, the present application is allowed and disposed of. I.A. 33404/2024 & I.A. 33405/2024 (Exp)
13. Exemption allowed, subject to all just exceptions.
14. The applications stand disposed of.
CS(COMM) 577/2024
15. The plaintiff vide the present suit is seeking permanent injunction 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 20/07/2024 at 03:49:51 against infringement of trademark, passing off, copyright infringement as also declaration of plaintiff's mark as a well-known mark.
16. Let the plaint be registered as a suit.
17. Issue summons to the defendants through all permissible modes returnable before the Joint Registrar on 24.10.2024.
18. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of receipt of the summons. Written Statement(s) be filed by the defendants along with affidavit(s) of admission/ denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.
19. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s) along with affidavit(s) of admission/ denial of documents of the plaintiff, without which the replication(s) shall not be taken on record.
20. In case any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines in accordance with law.
21. List before the Joint Registrar for marking exhibits on documents on 24.10.2024. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.
22. In the meanwhile, learned counsel appearing for the parties submit that they wish to explore the possibility of settlement before Delhi High Court Mediation and Conciliation Centre.
23. In view thereof, the parties are referred to Delhi High Court Mediation and Conciliation Centre for mediation proceedings for 25.07.2024 at 04:00 PM. The parties with their nominated/ authorized 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 20/07/2024 at 03:49:52 representatives are free to appear before Delhi High Court Mediation and Conciliation Centre either physically or through Video Conferencing.
24. Renotify on 24.10.2024 before the learned Joint Registrar for completion of pleadings.
I.A. 33399/2024 (Stay)
25. Issue notice.
26. Learned counsel for the defendants accepts notice. He seeks, and is granted thirty days to file a reply. Rejoinder thereto, if any, be filed within a period of fifteen days thereafter.
27. Accordingly, renotify before this Court on 25.09.2024.
SAURABH BANERJEE, J JULY 18, 2024/akr 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 20/07/2024 at 03:49:52