$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17^th January, 2025 + CS(COMM) 990/2024 & I.A. Nos. 1208-1209/2025 DCM SHRIRAM LIMITED .....Plaintiff Through: Mr. Shantanu Sahay, Ms. Imon Roy, Ms. Vareesha Irfan, Advocates (M:9899228168)

Email:vareesha@anandandanand.com versus MR AMREEK SINGH CHAWLA & ORS. .....Defendants Through: Mr. Amit Sibal, Sr. Adv. with Mr.

Vikas Khera, Ms. Sneha Sethia, Mr. Dinesh Chaturvedi, Mr. Saksham Dhingra, Mr. Ankur Vyas, Advocates (M:7834897828)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL)

I.A. No. 1208/2025 (Application under Order XXXIX Rule 4 read with Section 151 CPC)

1. The present application has been filed on behalf of the defendants under Order XXXIX Rule 4, read with Section 151 of Code of Civil Procedure, 1908 (“CPC”), for vacation of ex-parte ad interim injunction order dated 08^th November, 2024.

2. Learned Senior Counsel for the defendants submits that the order dated 08^th November, 2024 was passed on the basis of the submissions made Signature Not Verified Digitally Signed CS(COMM) 990/2024 Page 1 of 21 by learned counsel for the plaintiff, that the plaintiff had discovered the product of the defendants on 30, [th] October, 2024, only a few days before filing of the present suit. Attention of this Court has been drawn in this regard to paragraphs 32 and 33 of the order dated 08^th November, 2024, which reads as under:

“32. It is further submitted that the plaintiff came to know about the

infringing activities of the defendants on 30 October 2024 when an operative of the plaintiff, acting under the instructions of Mr. Amarendra Kumar Rakesh, who is the authorized representative of the plaintiff, visited a third-party local retailer, “Bajarang Galla Bhandar”, located in Shoharba Ghat, KushesharAsthan, Darbhanga Bihar. During his visit, the operative came across certain wheat seed products with a packaging deceptively similar to that of the plaintiff‟s “Shriram Super 303” wheat seeds product. The photographs captured by the operative, which was further shared with the representative of

the plaintiff, have been reproduced hereinbelow:

Signature Not Verified Digitally Signed CS(COMM) 990/2024 Page 2 of 21

33. It is submitted that thereafter, the plaintiff‟s operative enquired the local retail person at Bajarang Galla Bhandar if the supplier/distributor had license to sell the products in Bihar. Upon enquiring about the same, the retailer produced Office Memo referring to a License No. 21/2020 issued by the Agricultural Department of Bihar Government in favour of the M/s. Sartaj Seeds and defendant no. 3. By the said Office Memo, the defendant no. 3, along with M/s. Sartaj Seeds has been now allowed to sell the crop varieties Sartaj 303 and Sartaj 404 within the state of Bihar. The plaintiff‟s operative was able to capture a photograph of the said license copy from his phone and subsequently shared the same with the representative of the plaintiff. A copy of the said license authorization has been reproduced hereinbelow:

”

Signature Not Verified Digitally Signed CS(COMM) 990/2024 Page 3 of 21

3. Attention of this Court has also been drawn to paragraphs 39 and 63 of the plaint, wherein, the plaintiff has stated with respect to its cause of action arising on 30^th October, 2024. Paragraphs 39 and 63 of the plaint, read as under:

“39. The Plaintiff came to know about the infringing activities of the Defendants on 30 October 2024 when an operative of the Plaintiff, acting under the instructions of Mr. Amarendra Kumar Rakesh, who is the authorized representative of the Plaintiff, visited a third- party local retailer, "Bajarang Galla Bhandar", located in Shoharba Ghat, Kusheshar Asthan, Darbhanga Bihar. During his visit, the operative came across certain wheat seed products with a packaging deceptively similar to that of the Plaintiffs "Shriram Super 303" wheat seeds product. The photographs captured by the operative, which was further shared with the representative of t