Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 35
CS (COMM.) 137/23
ALKA CONFECTIONERY PVT. LTD.
Vs.
ANWAR KHAN
TRADING AS HUMDUM FOODS PRODUCTS GRIH
UDYOG
05-04-2023
Present: Sh. Mahesh Kumar Miglani, counsel for plaintiff
through v/c.
Sh. Mohan Vidhani, counsel for defendant through
v/c.
Heard. File perused.
Today lawyers are on strike on account of murder of
one advocate.
It is submitted by learned counsel for defendants that
he got filed reply to application under Order 39 Rule 1 & 2 CPC
in the petition box today itself and has already supplied copy of
the same to other party. It is submitted by learned counsel for
plaintiff that he has received copy of reply by way of e-mail
yesterday at 8:00 p.m. only and needs time to go through the
same.
There is one application u/s 151 CPC moved on
behalf of defendant for desealing the machines which were
sealed by Local Commissioner as on account of same, complete
factory has come to stand still. Learned counsel for plaintiff
submits that he has no objection of desealing, however, it may be
done by Local Commissioner at the expenses of defendant.
However, it is submitted by learned counsel for defendant that
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machines can be desealed in the presence of the Court by using
webex video conferencing app and can be done ‘live’. I find it
reasonable as directions of desealing by local commissioner shall
further entail expenses to defendant, which is not necessary.
In view of above, both parties to join video
conferencing at 2:00 p.m. today.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
05-04-2023
05-04-2023 / 2:15 p.m.
Present: Sh. Mahesh Kumar Miglani, counsel for plaintiff
through v/c.
Sh. Mohan Vidhani, counsel for defendant through
v/c.
Defendant No.1 Mr. Anwar Khan joined in person
through v/c and stated to be present at Factory.
Heard. File perused.
It is submitted by learned counsel for defendants that
in his application under Order 39 Rule 4 CPC he has placed
photographs of machines which are sought to be desealed, which
are at page no. 8 and 9 of the same. I have also perused report of
local commissioner. The Local Commissioner has also taken
pictures of machines and annexed same with his report at page
no. 69, 70 and 70A. On perusal it shows that 4 pictures matches
with pictures of the defendant. Accordingly, defendant
Mr. Anwar Khan is asked to show all the sealed machines ‘live’.
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I have seen. The sealed machines are to be desealed
hence rope are cut and moulding/die are taken out from the
machines and kept in gunny bages and tied with rope on which
signature of defendant Mr. Anwar Khan with date is taken.
Accordingly, application u/s 151 CPC for desealing
machines is allowed.
Ld. Counsel for defendant has given undertaking on
affidavit that he shall not use the desealed machines for
infringing material or packaging in any manner till disposal of
application under Order 39 Rule 1 & 2 CPC. Accordingly, the
machines are desealed and can be used for any other purpose
except for preparing infringing material in any manner.
It is pointed out by counsel for plaintiff that
defendants did not allow the local commissioner to seal
lable/packaging material at the time of execution of commission
and he may be directed to seal the same now. Heard. Defendant
Mr. Anwar Khan has taken video to his godown where infringing
lable/packaging material are kept and counsel for plaintiff is
permitted to take picture of the same through his mobile phone
from webex video conferencing to show quantum of the
lable/packaging material. In view of submissions, the defendant
is directed to keep all infringing lable/ packaging material in
gunny bags and wrap same and sealed it after putting signature
with date.
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Further all the six die/mouldings which are wrapped
in gunny bags to be kept in wooden box with proper tape, sealed
and signed by defendant no.1 Anwar Khan on all sides.
All the six die/ moulding and infringing label /
packaging material are handed over to defendant Mr. Anwar
Khan on superdaginama with direction to produce the same as
and when so directed by the Court and he shall submit the
Superdaginama by 10-04-2023 mentioning details of articles and
number of parcels.
Further, the defendant shall also file affidavit to the
effect that no other infringing label/ packaging material is
available with them bearing impugned trade mark, on or before
next date of hearing with advance copy to other side.
It is submitted by counsel for plaintiff that he has
filed the reply to application under Order 39 Rule 4 CPC with
one day delay and submits that same be condoned. In view of
submission, the delay is condoned. The counsel for plaintiff may
also file rejoinder to reply of application under Order 39 Rule 1
& 2 CPC
Put up on 18-04-2023 at 2:30 p.m. for arguments on
the application under Order 39 Rule 1 & 2 CPC and Order 39
Rule 4 CPC.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
05-04-2023
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