Burger King India Pvt Ltd & Anr vs Vishamber Shewakramani & Ors
2015 Latest Caselaw 1284 Del

$~29.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3347/2014 and I.A. 21655/2014
      BURGER KING INDIA PVT LTD & ANR             ..... Plaintiffs
                    Through: Mr. Anush Raajan, Advocate for
                    plaintiff No.1.
                    Mr. Pravin Anand, Advocate with Mr. Raunaq
                    Kamath, Advocate for plaintiff No.2

                        versus

      VISHAMBER SHEWAKRAMANI & ORS               ..... Defendants
                    Through: Mr. Amarjit Singh, Advocate with
                    Ms. Sadhvi Saraf, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 11.02.2015

1. The plaintiffs have instituted the present suit praying inter alia

for an anti suit injunction, restraining the defendants from acting for

or on their behalf, from instituting any suit, application or proceedings

in any court of law or authority, other than the Delhi High Court

against them in relation to adoption and/or use of the trade mark,

"BURGER KING" including as a part of a corporate name in India or in

relation to any issue, which forms the subject matter of dispute raised

in CS(OS) 2429/2014, till a final decision is rendered in the said suit.

2. On 07.11.2014, it was recorded that both the parties had agreed

that till the next date of hearing, they would maintain status quo with

regard to any fresh legal proceedings and would not proceed to file

any other matter after institution of CS(OS) 2429/2014, a suit already

pending adjudication in this Court. On 26.11.2014, in view of the

statement made by the counsel for the defendants, the order dated

07.11.2014 was modified to the extent that the rectification

proceedings filed in respect of Burger King Corporation of USA in IPAB,

Chennai as detailed in the said order, would be proceeded with in

accordance with law.

3. Today, Mr. Amarjit Singh, learned counsel for the defendants

submits that apart from the proceedings pending before the IPAB,

Chennai, an application has been filed by the defendants before the

Registrar of Companies, Mumbai, under Section 16 of the Companies

Act, 2013, which is pending adjudication. He hands over a copy of the

notice dated 20.01.2015 issued by the Regional Director, Western

Region, Ministry of Corporate Affairs, calling upon the defendant No.4

to appear before him on 18.02.2015, for a personal hearing in respect

of the rectification of name application filed under Section 16 of the

Companies Act, 2013. The said notice is taken on record with a copy

furnished to the counsel for the plaintiffs. Lastly, it is stated by the

counsel for the defendants that his client have already filed a counter

claim, registered as CC 59/2014 in CS(OS) 2429/2014, a suit

instituted by the plaintiff and apart from prosecuting the said counter

claim and pursuing the aforesaid two proceedings, one pending before

the IPAB, Chennai and the other pending before the ROC, Mumbai, his

clients do not intend to institute any other proceeding against the

plaintiffs in any court subordinate to this Court.

4. Counsel for the plaintiffs states that in view of the submissions

made by the counsel for the defendants, nothing further survives for

adjudication in the present suit.

5. While binding the defendants to the statement recorded

hereinabove, the present suit is disposed of alongwith the pending

applications, while leaving the parties to bear their own costs.

HIMA KOHLI, J FEBRUARY 11, 2015 rkb