Delhi High Court
M/S Sns Products Private Limited vs M/S Osg Agro Products Private ... on 4 December, 2018
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Order: 04.12.2018
+ FAO 476/2018 & CM No. 41843/2018
M/S SNS PRODUCTS PRIVATE LIMITED ..... Appellant
Through: Mr.Saurabh Banerjee, Advocate with
Mr.Bikram Singh, Advocate.
Versus
M/S OSG AGRO PRODUCTS PRIVATE LIMITED....Respondent
Through: Mr.N.S. Negi, Advocate with Mr.B.S.
Tiwari, Advocate.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
1. The impugned order dated 27.09.2018 passed by the Court of
Sh.Ramesh Kumar-II, learned Additional District Judge-01 (Central),
Tis Hazari Courts, Delhi ('ADJ') in Suit No. TM 196/2018, has been
assailed in this appeal by the appellant/plaintiff.
2. After directing to issue the notice to the defendant on filing of
the process fee/RC, the learned ADJ considered the application filed
by the appellant/plaintiff under Order XXXIX Rule 1 and 2 of the
Code of Civil Procedure, 1908 ('CPC') and passed the following
order: -
"Keeping in view of urgency of matter, Defendant is
restrained for using Trademark for period of One
week. In between he may file reply to application.
Application disposed off accordingly.
Now matter be listed on 05.12.2018"
3. At this stage, learned counsel for the respondent/defendant
requests that he may be supplied the copy of the plaint and documents
annexed by the appellant/plaintiff. Learned counsel for the
appellant/plaintiff submits that though he has already deposited the
requisite number of copies with the trial court but he would supply one
complete set of the plaint and documents to the learned counsel for the
respondent within two days.
4. By the impugned order, the learned ADJ has not disposed of the
application under Order XXXIX Rule 1 & 2 CPC on merits. He has
not discussed the three essential ingredients for grant of injunction
under Order XXXIX Rule 1 & 2 CPC i.e. (i) prima facie case, (ii)
balance of convenience, and (iii) irreparable loss and injury. Though,
he has granted the protection to the appellant/plaintiff for one week,
there is no reasoning provided as to why the protection should not be
granted beyond the said period of one week. On the face of it, the
order passed by the learned ADJ is cryptic and has been passed
without application of mind.
5. With the consent of the parties, the appeal is disposed of, in the
following terms: -
(i) the impugned order dated 27.09.2018 passed by the
learned ADJ in Suit No. TM 196/2018 is set aside.
(ii) The respondent/defendant shall put in his
appearance before the Trial Court on 05.12.2018 i.e. the date
already fixed there. He shall file the Written Statement and
reply to the injunction application within two weeks. In turn,
the appellant/plaintiff shall file rejoinder thereto, if any, within
one week thereafter.
(iii) The trial court shall decide the application under
Order XXXIX Rule 1 and 2 CPC on merits after hearing both
the parties within 30 days from 05.12.2018 without being
influenced by the observations made in this order.
(iv) Till the disposal of the application under Order
XXXIX Rule 1 and 2 CPC, the respondent shall not use the
Trademark 'Shan-e-Delhi' or copyright in packing in respect of
edible spices.
6. In view of the above, the application, being CM
No.41843/2018, is also disposed of.
7. Copy of this order be given dasti under the signatures of Court
Master.
(VINOD GOEL)
JUDGE
DECEMBER 04, 2018
"shailendra"
