Order 12

Order Details: COPY OF ORDER
Pdf Text: Item no.7
CS (Comm) No.1127-2024
M/s. Nonand Rai Bhola Nath vs.M/s. Shri Krishna
Masala Co.
16.07.2025
Present : Mr. M.K. Miglani, Mr. Hardik Gogia and Mr.
Utkarsh Jha, ld counsels for plaintiff.
Mr. Atul Kumar Sharma, ld counsel for defendant.
Admission and denial of documents conducted. The
documents are exhibited as per the affidavit of admission/denial
of documents.
On the basis of the pleadings of the parties and after
hearing ld counsels for the parties, the following issues are being
framed for adjudication:
ISSUES:
(1) Whether the suit of the plaintiff is barred u/s.69(2) of the
Partnership Act? (OPD)
(2) Whether the suit of the plaintiff is hit by Section 35 of the
Trademark Act on account of bonafide user, if so, its effect?
(OPD)
(3) Whether the impugned mark ‘NAV BAHAR’ of the
defendant is an infringement of plaintiff’s registered
trademark "NAU BAHAR/ and is likely to
create a deception/confusion leading to passing of? (OPP)
(4) Whether the plaintiff is entitled to a perpetual injunction, as
prayed for? (OPP) Continued…..
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(5) Whether the plaintiff is entitled to a decree of delivery of
goods, as prayed for? (OPP)
(6) Whether the plaintiff is entitled to rendition of accounts in
respect of the profit earned by the defendant? (OPP)
(7) Whether the plaintiff is entitled to any damages for the act
of infringement and passing of and if so, the quantum
thereof? (OPP)
(8) Relief.
No other issue arises or is pressed upon.
At this stage, both the parties are inclined to settle
the matter amicably. In view of the submissions made and also
keeping in view mediation ‘For The Nation’ campaign which
has been launched by National Legal Services
Authority(NALSA) in association with Mediation and
Conciliation Project Committee(MCPC), Supreme Court of India
across the country, the present matter is accordingly referred to
Ld. Mediation Cell for 30.07.2025 at 2:30 P.M.
Put up before the court for case management hearing
on 18.08.2025.
Ld counsels for the parties are requested to mutually
decide the dates of trial.
(Mukesh Kumar Gupta)
District Judge (Commercial Court) -07
Central District, THC, Delhi/	Central District, THC, Delhi/16	16.0	.07	7.202	.2025	5‘‘rk’	rk’
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