SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(DEL) 7340

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 692/2024, I.A. 36547/2024, I.A. 36548/2024, I.A.

36549/2024 & I.A. 36550/2024 MS. ANAND AND ANAND .....Plaintiff Through: Mr. Jayant Mehta, Sr. Adv. & Mr.

Nishchal Anand, Advocates.

versus JOHN DOES & ORS. .....Defendants Through: Mr Divyam Nandrajog, (Panel Counsel, GNCTD) with Ms. Surbhi Som, Advocates for D-3 & D-4.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

Advocates:
NISHCHAL ANAND

O R D E R

% 14.08.2024 I.A. 36549/2024 (Application seeking exemption from filing original/clearer/ legible copies of documents)

1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), filed on behalf of the plaintiff, seeking exemption from filing original/clearer/legible copies of documents.

2. Exemption is granted, subject to all just exceptions. Plaintiff shall file legible, clear, and translated copies of the documents with proper margins, on which the plaintiff may seek to place reliance, before the next date of hearing.

3. With the aforesaid directions, the application is disposed of.

I.A. 36550/2024 (Application under Section 12A of the Commercial Courts Act, 2015, r/w Section 151 CPC, seeking exemption from undergoing Pre-Institution Mediation)

4. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 CPC, seeking exemption from undergoing Pre-Institution Mediation.

5. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.

6. Accordingly, the application stands disposed of.

I.A. 36548/2024 (Application under Order XI Rule 1(4) r/w Section 151 CPC)

7. This is an application under Order XI Rule 1(4) read with Section 151 CPC as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.

8. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

9. With the aforesaid directions, the application is disposed of.

CS(COMM) 692/2024

10. At oral request of learned Senior Counsel for the plaintiff, Department of Telecommunication, Ministry of Communications, Government of India is impleaded as defendant no. 6.

11. Advance service has been done on all the defendants.

12. Let the plaint be registered as suit.

13. Issue summons. Summons is accepted by learned counsels appearing for defendant nos. 3, 4 & 5 and newly impleaded Proforma defendant no. 6.

Issue summons to the other defendants, by all the modes.

14. Let written statement be filed by the defendants within thirty days of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiffs’ documents, without which, the written statement, shall not be taken on record.

15. Liberty is given to the plaintiff to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.

16. List before the Joint Registrar (Judicial), for marking of exhibits, on

16th October, 2024.

17. List before the Court on 16th December, 2024.

I.A. 36547/2024 (Application under Order XXXIX Rules 1 and 2 read with Section 151 CPC)

18. The present suit has been filed by the plaintiff for permanent injunction restraining infringement of copyright and trademarks, passing off;

damages, rendition of accounts, delivery up, etc.

19. It is submitted that the Plaintiff, i.e., M/s. Anand and Anand, is India’s top full-service Intellectual Property law firm, providing end-to-end legal solutions across all facets of Intellectual Property and allied areas. The firm is professionally managed by 28 Partners and currently employs over 400 people, including over 100 qualified attorneys / engineers.

20. It is submitted that the plaintiff services a diverse

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top