Order 10

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.) 39/23
M/S MARTBAAN Vs. MS. SADHANA GANDHI SOLE PROPRIETOR
OF THE MARTBAAN DADI KA ACHAAR
02.07.2024
Present:- Sh. Vipin Wason and Ms Stuti Wason, Ld. Counsels for the
plaintiff.
Sh. Pankaj Tripathi, Ld. Counsel for the defendant through
video conferencing alongwith Sh. Ratnesh Kumar Tiwari,
Advocate present in the court.
As per order sheet dated 28.03.2024, the defendant was served
through email on 04.11.2023 and since none appeared on behalf of the
defendant, the court forfeited the right of the defendant to file written
statement and the defendant was proceeded exparte on 28.03.2024.
Ld. Counsel for the defendant submits that they have gone to
the native place and there they came to know about the pendency of the
present case and immediately inspected the file. He further submits that
they need sometime to move appropriate application in this regard.
Ld. Counsel for the plaintiff submits that his application under
Order 39 Rules 1 and 2 read with Section 135(2) of the Trademarks Act,
1999 and Section 151 CPC is pending adjudication and prays for the
disposal of the same.
On query, Ld. Counsel for the defendant fairly submits that the
defendant is not using the Trademark of the plaintiff as mentioned in the
plaint and have stopped using the same for the last two years. He further
submits that without prejudice to the rights and contentions of the
defendant, he has instructions to say that the registered Trademark i.e. The
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Martbaan Dadi Ka Achaar as mentioned in prayer (a) of the application
under Order 39 Rules 1 and 2 read with Section 135(2) of the Trademarks
Act, 1999 and Section 151 CPC shall not be issued and has already been
stopped by the defendant way back in 2022 and the same is not being used
by the defendant in any manner whatsoever.
Considering the facts and circumstances of the case and the
submissions of the Ld. Counsel for the defendant, the defendant, its
partners or proprietors, principal officers, servants, agents, distributors,
licensees, franchisees, stockist, sub-agents and all others acting on behalf
of the defendant are restrained from manufacturing, selling, importing,
exporting, offering for sale, advertising, directly or indirectly dealing in any
manner with the products bearing The Martbaan Dadi Ka Achaar or any
other mark which is identical or deceptively similar to the plaintiff’s
registered Trademark in respect of goods and services till the next date of
hearing.
Ld. Counsel for the plaintiff filed an application under Order
11 Rule 1 (5) read with Order 7 Rule 14 read with Section 151 CPC along
with list of additional documents with document, declaration by way of
affidavit under Order 11 Rule 6 (3) of the Commercial Courts Act, 2015
and certificate under Section 65 B of the Indian Evidence Act. The same is
taken on record. Copy supplied.
Put up this matter for reply and arguments on the aforesaid
application and for further proceedings, on 04.10.2024.
(Anurag Sain)
District Judge (Commercial Court-01),
Patiala House Courts Complex,
New Delhi/02.07.2024
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