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DELHI HIGH COURT
ASHA MENON
Baldev Singh Sole Proprietor of M/s Madaan Plastic Industry – Appellant
Versus
Indian Plastic Footwear and Clothing Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 4 , 5) |
| 2. analysis of trademark and identity of parties. (Para 3 , 7 , 12 , 14) |
| 3. arguments against the dismissal of impleadment. (Para 6 , 8 , 10) |
| 4. arguments for rejecting the respondent's defense. (Para 9 , 11 , 15) |
| 5. court's reasoning on necessary parties. (Para 16 , 17) |
| 6. final conclusion on merits and dismissal. (Para 18 , 19) |
JUDGMENT
[VIA VIDEO CONFERENCING]
CM(M)IPD 1/2021, CM APPL.17401/2020 (for stay)
1. This petition has been filed under Article 227 of the Constitution of India against the order dated 27th January, 2020 passed by the learned Commercial Court dismissing the application of the petitioner moved under Order I Rule 10 (2) in CS (COMM) 180/2020, seeking to implead `M/s Madaan Footcare Private Limited' as a co-defendant.
2. The facts as are relevant for the disposal of the present petition are that the petitioner/plaintiff claims be a leading manufacturer of plastic footwear under the mark MPI (logo) and `MADAAN'. It is claimed that this business has been in existence since 1997 and the goods of the petitioner/plaintiff are sold in various parts of India and the petitioner/plaintiff has a well-e
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