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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 2^nd November, 2022 + CS(COMM) 430/2022 & I.A. 9660/2022, 13229/2022 SILVERMAPLE HEALTHCARE SERVICES PRIVATE LIMITED ..... Plaintiff Through: Mr. Tushar Singh, Ms. Sugandh Virmani and Mr. Aditya Kumar, Advocates.

versus DR. TAJINDER BHATTI ..... Defendant Through: Ms. Sneha Jain, Mr. Sidharth Chopra, Mr. Vivek Ayyagari, Mr. Sudarshan M.J., Ms. Paushi Sridhar and Ms. Ramya A., Advocates. CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

I.A. 13233/2022 (under Order VII Rule 11 CPC, by Defendant)

1. Present application has been preferred on behalf of the Defendant under Order VII Rule 11 read with Section 151 CPC, 1908 seeking rejection of the plaint on two grounds: (a) Plaintiff is legally disentitled to institute a suit for infringement of DHI marks by virtue of provisions of Section 53 of the Trade Marks Act, 1999 (hereinafter referred to as the ‘Act’); and (b) non-joinder of necessary party qua the claim for disparagement under Proviso to Rule 9 of Order I CPC.

2. Relevant it would be to mention at this stage that during the course of hearing of the present application, with respect to the claim of infringemen