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2024 Supreme(Online)(DEL) 1981
HIGH COURT OF DELHI
Anish Dayal, J
VARUN CHOHPRA & ANR. – Appellant
Versus
SHYAM SUNDER CHOPRA SONS HUF & ORS – Respondent
CS(COMM) 291/2024
For the Appellants/Petitioners: Mr. Jayant Mehta, Mr. Tanmay Mehta, Mr. Puneet Yadav, Mr. Sourabh Gupta, Mr. Akansh Gupta
For the Respondents: None
The court must ascertain the maintainability of a suit for trademark infringement when a prior suit involving the same parties is pending.
Headnote:In this case, the court examined the maintainability of a suit filed by the plaintiffs for trademark infringement of 'NATRAJ', arising from a new cause of action. The court noted that a prior suit involving the same parties is pending. It was determined that notice must be issued to the defendants to ascertain the suit's maintainability before proceeding further. The court ordered that notice be issued returnable on 29th April 2024.
% 05.04.2024
1. Considering that Mr. Jayant Mehta, Senior Counsel for the plaintiffs has apprised this Court of averments made in the plaint, it transpires that a prior suit had been filed by same plaintiffs, against the same defendants, at City Civil Courts, Bangalore which is currently pending adjudication, including order on application under Order XXXIX Rule 1 & 2 CPC.
2. Mr. Mehta states that filing of this new suit between same set of parties was necessitated due to a new cause of action having arisen in their favour, relating to infringement of their trademark ‘NATRAJ”.
3. Before issuing summons in the suit and other applications, it would be imperative for this Court to ascertain as to whether the suit itself is maintainable or not.
4. For this purpose, on steps being taken by the plaintiffs through all permissible modes including dasti, notice be issued to the defendants returnable before this Court on 29th April, 2024.
5. Copy of order be given dasti.
6. Order be uploaded on the website of this Court.
