ORDER

% 30.01.2024 I.A. 1647/2024(seeking to file additional documents)

1. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.

2. Plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.

3. Disposed of.

I.A. 1646/2024(seeking exemption from pre-institution mediation)

4. Issue notice. Mr. Kunal Khanna, Advocate, accepts notice on behalf of Defendant. Reply, if any, be filed within two weeks from today.

5. Re-notify on 01st February, 2024.

6. Issue summons. Mr. Kunal Khanna, Advocate, accepts summons on behalf of Defendant. He confirms the receipt of the paper-book and waives the right to formal service of summons. Written statement shall be filed by the Defendant within 30 days from today. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.

7. Liberty is given to the Plaintiffs to file replication(s) within 15 days of the receipt of the written statement. Along with the replication(s), if any, filed by the Plaintiffs, affidavit(s) of admission/denial of documents of the Defendant, be filed by the Plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

8. List before the Joint Registrar for marking of exhibits on 04th March,

2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

9. List before Court for framing of issues thereafter.

I.A. 1644/2024(u/O XXXIX Rules 1 and 2 of CPC)

10. Pursuant to the previous order, the Defendant has been served with an advance copy of the suit paper-book.

11. The Plaintiffs have filed the present suit seeking to permanently restrain the Defendant from infringing their Indian Patents No. 325062 and 344978 [collectively, “suit patents”]. The invention which forms the subject matter of Indian Patent No. 325062 is used for construction purposes, possessing an improved screw retention, stiffness, and load bearing capacity.

Indian Patent No. 344978 was filed as a divisional application to Indian Patent No. 325062, and relates to an apparatus and method for making the aforesaid construction element from a sheet material comprising an array of angular corrugations. It is contended that Defendant is openly trading in products that are blatant copies of the suit patents under the brand names “Platinum Intermediate Channel” and “Indigyp Z+ Frame”.

12. Issue notice. Mr. Kunal Khanna, Advocate, accepts notice on behalf of Defendant.

13. Reply, if any, be filed within two weeks from today. Rejoinder thereto, if any, be filed within one week thereafter.

14. Re-notify on 01st February, 2024.

I.A. 1645/2024(u/O XXVI Rule 9 of CPC)

15. Mr. Hemant Singh, counsel for Plaintiffs, submits that Plaintiffs apprehend that the Defendant would dispose of its current stock and flood the market with infringing products in an attempt to defeat the Plaintiffs’ claims in the present suit. Therefore, in order to preserve evidence of infringement, which would be essential for the Court to finally adjudicate the suit, it is imperative that a Local Commissioner is appointed to ascertain the quantity of stock of the infringing products.

16. In view of the above, Mr. Kunal Mittal, Advocate [+91-9999348834]

is appointed as a Local Commissioner to visit the Defendant’s premises situated at Pooja Industries (Indigyp Frames), 28, Amarnath Estates Vibhag- 2, Opposite Suvidha Park Society, Naroda-Degham Road, Ahmedabad, Gujarat – 382330.

17. The Local Commissioner, along with a representative of the Plaintiffs and their counsel, shall be permitted to enter upon the premises of the Defendant mentioned above, or any other location/ premises that may be identified during th