Plaintiff is entitled to exclusive rights over trademarks based on established agreements; ongoing litigation by defendants in a foreign jurisdiction deemed vexatious.

ORDER

I.A.3136/2021 (Section 151 CPC for exemption)

1. Subject to the plaintiff filing legible copies of any dim documents on which it may seek to place reliance within a period of four weeks' from today, exemption is granted for the present.

2. The application stands disposed of.

I.A.3135/2021 (Section 151 CPC for exemption)

3. For the reasons stated in the application, prayer in the application is allowed.

4. The application stands disposed of.

I.A.3134/2021 (Order XXVI Rule 9 of the CPC)

5. Issue notice, returnable on 23rd March 2021 before the Court.

6. Let a response to this application be filed within a period of ten days from today with advance copy to learned counsel for the plaintiff/applicant, who may file rejoinder thereto, if any, before the next date of hearing.

CS(COMM) 100/2021

7. Issue summons to the defendants to file a written statement in response to the suit within a period of four weeks, accompanied by affidavit of admission/denial of plaintiff's documents with advance copy to the plaintiff, who may file replication thereto, if any, within two weeks thereof, accompanied by affidavit of admission/denial of defendants' documents.

8. The written statement and replication would not be taken on record, unless accompanied by said affidavits.

9. List the suit for completion of pleadings, admission/denial of documents and marking of exhibits before the Joint Registrar (Judicial), on 3rd May 2021.

IA 3133/2021 (Order XXXIX Rules 1 and 2 CPC)

10. Mr. Akhil Sibal, learned Senior Counsel appearing for the plaintiff, prays for ad interim relief, in terms of the prayer clause in this application, which reads thus:

"Therefore, in view of the above it is most respectfully prayed that this Hon'ble Court may in the interim, pending the disposal of the instant matter, grant the following interim reliefs-

a. An order of interim injunction restraining the Defendant No. 2, its business associates, partners, directors, principal officers, family members, servants, agents, dealers, distributors, franchisees and anyone acting for and on its behalf from instituting any legal action or proceeding with the Civil Action No. 4:21-cv-279 titled "Phillips 66 Company v Raaj Unocal Lubricants Limited" before the United States District Court at Southern District of Texas (Houston Division).

b. An order of interim injunction restraining the Defendants, their business associates, partners, directors, principal officers, family members, servants, agents, dealers, distributors, franchisees and anyone acting for and on their behalf from selling, manufacturing, advertising, promoting or in any other manner using impugned trade mark or any other mark identical/deceptively similar to the Plaintiff's trademarks UNOCAL, UNOCAL 76 or 76 with respect to goods falling under Class 4 and any cognate or allied goods either as a trade mark or part of a trade mark, trade name, or part of a trade name, corporate name, email, domain name or part of a domain name or in any other manner which would result in Passing off or any act of Unfair Competition including resulting in confusion of any manner whatsoever;

c. Pass any other ex parte ad interim orders, in terms of the above;

d. Pass any other orders as this Hon'ble Court may deem fit in the interest of justice."

11. The plaintiff was established in technical collaboration with the Union Oil Company of California (UNOCAL), which is stated to be a petroleum explorer and lubricants manufacturer based in USA.

12. The plaint sets out, in para 11, various achievements of the plaintiff which, for the purposes of the present order, is not necessary to reproduce.

13. By a Licence Agreement dated 25th Se