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$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 663/2021, I.A. 16848/2021, I.A. 16954/2022, I.A.

16955/2022, I.A. 7356/2023 & I.A. 7357/2023 CHOICE HOTELS INTERNATIONAL, INC. ..... Plaintiff Through: Ms. Abhilasha Nautiyal and Mr. Mukul Kochhar, Advs.

versus ORAVEL STAYS LIMITED & ORS. ..... Defendants Through: Mr. Chaitanya Kaushik, Mr. Junaid Aamir, Mr. Avinash Singh and Ms.

Seema Mehta, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGEMENT (ORAL)

% 11.05.2023 I.A. 7356/2023 (seeking condonation of delay

1. By this application, the defendant seeks condonation of delay of

29 days in filing reply to I.A. 16954/2022.

2. The application is not opposed by Ms. Nautiyal, learned Counsel for the plaintiff.

3. Accordingly, the application is allowed. The delay is condoned.

I.A. 7357/2023 (seeking condonation of delay

4. This application seeks condonation of delay of 168 days, in filing reply to I.A. 16848/2021.

Signature Not Veri fCieSd(COMM) 663/2021 Page 1 of 7 Signed By:KAMLA

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5. Ms. Nautiyal, learned Counsel for the plaintiff does not oppose this application.

6. Accordingly, the application is allowed.

I.A. 16955/2022 (under Order XIIIA read with Section 151 of the CPC

7. This is an application under Order XIIIA of the Code Of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act, 2015, seeking decreeing of the suit vis-a-vis Defendants 2 to 4 in terms of the prayers contained in the suit.

8. The grievance of the plaintiff, in the present suit, relates to alleged infringement, by the defendants, of the plaintiff‟s registered trademarks, which stand reproduced in a tabular fashion in para 27 of the plaint. The plaintiff holds registrations of the following marks:

S. No.	Registration no.	Trademark	Class	Date of Registration
1.	502842B		16	23.12.1988
2.	454036	COMFORT INN	16	13.05.1986
3.	1238101		42	18.09.2003
4.	1361095		42	01.06.2005

Signature Not Veri fCieSd(COMM) 663/2021 Page 2 of 7 Signed By:KAMLA

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5.	1238091		42	18.09.2003
6.	1361094	Condition: The mark shall be always used in the manner shown on label	42	01.06.2005
7.	1462362		42	15.06.2006
8.	1462363	COMFORT INN & SUITES Condition: applicant has no exclusive right for the words inn & suites	42	15.06.2006
9.	1462361	COMFORT SUITES	42	15.06.2006
10.	1700556	COMFORT HOTEL	43	18.06.2008
11.	1553777	COMFORT INN Condition: The applicant has no exclusive right for the word Comfort.	43	27.04.2007
12.	3821879		43	02.05.2018
13.	3821880		43	02.05.2018
14.	3821881		43	02.05.2018
15.	3821882		43	02.05.2018
16.	3821883		43	02.05.2018

Signature Not Veri fCieSd(COMM) 663/2021 Page 3 of 7 Signed By:KAMLA

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17.	3821885		43	02.05.2018
18.	3821886		43	02.05.2018
19.	3821884		43	02.05.2018

9. It is alleged that the Defendants 1 to 4 are infringing the aforenoted registered marks of the plaintiff by using the marks which incorporate “COMFORT INN”, “COMFORT” or the plaintiff‟s registered trademarks in part or in whole.

10. Mr. Chaitanya Kaushik, learned Counsel for Defendant 1 has drawn my attention to paras 25 and 26 of the order dated 7^th July 2022, passed by this Court in the present proceedings, which read thus:

“25. One of the issues that arises in the present suit is whether the Plaintiff has rights in the word/mark 'COMFORT', 'SUITES', „INN' per se or are the rights in the combination marks. A perusal of the plaint and documents placed on record shows that the Plaintiff has various registrations.

26. The question as to the extent of the monopoly that the Plaintiff shall be entitled to enjoy owing to the said registrations would be required to be heard further.”

11. Ms. Abhilasha Nautiyal, learned Counsel for the plaintiff submits that the observations contained in the afore-extracted paragraphs from the order dated 7^th July 2022 would not adversely impact her request for decreeing of the suit qua Defendants 2 to 4, as she is restricting her relief, qua the said defendants, to their using the registered trademarks of the

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