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Madanapalle Retail Private Limited vs John Doe Ashok Kumar And Others on 14 November, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~24
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    CS(COMM) 765/2022
                         MADANAPALLE RETAIL PRIVATE LIMITED ..... Plaintiff
                                       Through: Mr.Anirudh Bhakru, Ms.Kripa Pandit,
                                                Ms.Tejaswini Chandrasekhar,
                                                Mr.Umang Tyagi, Advs.

                                                versus

                             JOHN DOE ASHOK KUMAR AND OTHERS ..... Defendants
                                          Through: Mr.Neel Mason, Adv. for D-7.

                          CORAM:
                          HON'BLE MR. JUSTICE NAVIN CHAWLA
                                          ORDER

% 14.11.2022 I.A. 18045/2022(Exemption)

1. Allowed, subject to all just exceptions.

I.A. 18044/2022

2. This is an application filed on behalf of the plaintiff seeking leave to file additional documents, which are not in the power, possession, control or custody of the plaintiff at the moment.

3. The plaintiff may file the additional documents strictly in accordance with the provisions of the law.

4. The application stands disposed of.

5. This application has been filed seeking exemption from instituting pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015.

6. Having perused the contents of the application, the same is allowed.

7. This is an application seeking exemption from making advance service of the suit paper book on the defendants.

8. Having considered the contents of the application, the same is allowed. The plaintiff is granted exemption from making advance service of the suit paper book on the defendants.

CS(COMM) 765/2022

9. Issue summons to the defendants to be served through all modes including electronically, returnable on 28th November, 2022.

10. Mr. Neel Mason, the learned counsel who was appearing in another matter involving a similar dispute, has been requested to accept summons on behalf of the defendant no.7. Let a copy of the suit paper book be supplied to him by the learned counsel for the plaintiff during the course of the day.

11. The written statement(s) be filed within the statutory period along with the affidavit(s) for admission/denial of documents. The replication(s) be filed within a period of three weeks thereafter along with the affidavit (s) for admission/denial of documents.

12. Issue notice.

13. Notice is accepted by Mr.Neel Mason, the learned counsel appearing on behalf of the defendant no.7.

14. Let notice(s) be served on the remaining defendants through all modes, including electronically, returnable on 28th November, 2022.

15. The learned counsel for the plaintiff, at the outset, submits that the plaintiff itself, till recently, was making bids under the 'Google Ads Program' for the trade marks of third-parties, apart from bidding for its own Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.11.2022 18:19:19 trade mark, however, the plaintiff has since stopped bidding for third-party trade marks. The learned counsel for the plaintiff asserts that the plaintiff has, in fact, also put the competitor's trade marks in the negative list so as to ensure that there is no allegation of any benefit being derived by the plaintiff by the use of such trade mark as ad-words.

16. As I am already in the midst of hearing suits involving the 'Google Ads Program', the learned counsel for the plaintiff does not at this stage press for an ad-interim relief. The same shall be considered at a later stage.

17. List on 28th November, 2022.

NAVIN CHAWLA, J NOVEMBER 14, 2022 RN Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:16.11.2022 18:19:19