Delhi High Court - Orders
Makemytrip India Private Lmited vs The Registrar Of Trade Marks, Delhi & Anr on 20 November, 2024
Author: Amit Bansal
Bench: Amit Bansal
$~30.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 78/2024
MAKEMYTRIP INDIA PRIVATE LMITED .....Appellant
Through: Mr. Mohit Goel, Mr. Sidhant Goel,
Mr. Abhishek Kotnala and Mr. Vivek
Pratap Singh, Advocates.
versus
THE REGISTRAR OF TRADE
MARKS, DELHI & ANR. .....Respondents
Through: Ms. Nidhi Raman, CGSC with Ms.
Rashi Kapoor, Advocates for
respondent No. 1.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 20.11.2024 I.A. 45685/2024 (exemption)
1. Allowed, subject to the appellant filing legible copies of the annexures within four (4) weeks from today.
2. The application stands disposed of.
I.A. 45686/2024 (O-XI R-1(4) of the Commercial Courts Act)
3. The present application has been filed on behalf of the appellant seeking leave to file additional documents under the Commercial Courts Act, 2015.
4. The appellant is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High C.A.(COMM.IPD-TM) 78/2024 Page 1 of 3 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 20/12/2024 at 21:17:40 Court (Original Side) Rules, 2018.
5. Accordingly, the application is disposed of. I.A. 45687/2024 (under Section 30 of the CPC)
6. This is an application filed for disclosure of documents and interrogatories,the details of which are given in paragraph 3 of the application.
7. Issue Notice.
8. Notice is accepted by counsel for respondent no.1.
9. Notice be issued to respondent no.2 via all permissible modes including e-mail.
10. Reply to the application be filed within four (4) weeks.
11. Rejoinder thereto, if any, be filed before the next date of hearing.
12. List on 23rd January, 2025.
I.A. 45688/2024 (delay in re-filing the appeal)
13. By way of the present application, the appellant seeks condonation of delay of 267 days in re-filing the appeal.
14. Issue Notice.
15. Notice is accepted by counsel for respondent no.1.
16. Notice be issued to respondent no.2 via all permissible modes including e-mail.
17. List on 23rd January, 2025.
C.A.(COMM.IPD-TM) 78/2024 and I.A. 45684/2024 (O-XXXIX Rules 1 and 2 of CPC)
18. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 impugning the order dated 22nd September, 2023 passed by the Trade Mark Registry, whereby the opposition filed on behalf of the C.A.(COMM.IPD-TM) 78/2024 Page 2 of 3 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 20/12/2024 at 21:17:40 appellant against the registration application bearing No. 1788455 has been dismissed and consequent thereto, the aforesaid registration application has been allowed.
19. Counsel appearing on behalf of the appellant submits that the impugned order has been passed by the 'Associate Manger of Trade Mark', who did not have the authority to pass such an order. 19.1 In this regard, counsel for the appellant places reliance on the judgment of the Calcutta High Court in Visa International Ltd. v. Visa International Service Association and Another, 2024 SCC OnLine Cal 7238.
20. Issue Notice.
21. Notice is accepted by counsel for respondent no.1.
22. Notice be issued to respondent no.2 via all permissible modes including e-mail.
23. List on 23rd January, 2025.
AMIT BANSAL, J NOVEMBER 20, 2024 kd C.A.(COMM.IPD-TM) 78/2024 Page 3 of 3 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 20/12/2024 at 21:17:40