The court granted an ex parte injunction against defendants for trademark infringement, finding prima facie merit in the plaintiff's claim and recognizing potential irreparable harm.

ORDER

(Video-Conferencing)

I.A. 7382/2021(under Order 11 Rule 1(4) (as amended by the Commercial Courts Act, 2015) read with Section 151 of the CPC, 1908)

1. This is an application for permission to file additional documents. The plaintiff is permitted to file additional documents, subject to the right of the defendants to admit or deny the same, within four weeks from today.

2. The application stands disposed of.

I.A. 7383/2021 (under Section 151 of CPC, 1908 - for exemption)

3. Subject to the plaintiff filing legible copies of any dim or illegible documents on which he may seek to place reliance, within four weeks from today, exemption is granted for the present.

4. The application stands disposed of.

I.A. 7384/2021(under Section 149 read with Section 151 of CPC, 1908 - for exemption)

5. Subject to the petitioner depositing the requisite court fees within two weeks of lifting of lockdown, exemption is granted for the present.

6. The application stands disposed of.

CS(COMM) 282/2021

7. Issue summons. Written statement, accompanied by affidavit of admission and denial of the documents, filed by the plaintiff, be filed within four weeks, with advance copy to learned counsel for the plaintiff, who may file replication thereto, if any, accompanied by affidavit of admission and denial of the documents filed by the defendants, within two weeks thereof.

8. List before the Joint Registrar for completion of pleadings, admission and denial of documents and marking of exhibits, on 20th August, 2021.

I.A. 7381/2021 (under Order XXXIX, Rules 1 &2, read with Section 151 of CPC, 1908)

9. This application, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeks interim relief in terms of para 18, which reads thus:

"18. It is therefore respectfully prayed before this Hon'ble Court that it may be pleased to grant the following orders in favour of the Plaintiff and against the Defendants:

i. An ex-parte ad interim injunction restraining the Defendant No. 1-5, its Partners, executives, directors, proprietors, assignees as the case may be, their officers, servants and agents or anyone acting for and on their behalf from manufacturing, selling, offering for sale, marketing, advertising, exporting or in any manner dealing in TMT Bars, steel bars, common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and goods of common metal under the Trade Mark `RATHI/BCLLPRATHI' or from adopting any other mark or label which is identical or deceptively similar to the registered Trade Mark `RATHI' amounting to infringement of the registered Trade Mark `RATHI', passing off, dilution and unfair competition;

ii. Any other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

10. The initial paragraphs of the plaint set out the manner in which the plaintiff has, by virtue of various family agreements, become the registered owner of the trademark "RATHI". For the purposes of the present order, it is not necessary to enter into those details. Mr. Sethi, learned senior counsel for the plaintiff, draws my attention, at the outset, to an order dated 25th January, 2021, passed by a coordinate Single Bench of this Court in CS (COMM) 603/2019, particularly to Para 22 thereof, which grants injunction in the following terms:

"22. Accordingly, in view of the facts and circumstances of the case as discussed above, the defendant No. 4 and de