Delhi High Court
Tensberg Breweries And ... vs Carlsberg Breweries A/S & Anr. on 1 November, 2022
Neutral Citation Number : 2022/DHC/004645
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 1st November, 2022
+ FAO(OS) (COMM) 278/2022, CAV 295/2022 & C.M.
APPLS. 41760-64/2022
TENSBERG BREWERIES AND INDUSTRIES PVT LTD & ORS.
..... Appellants
Versus
CARLSBERG BREWERIES A/S & ANR. ..... Respondents
Advocates who appeared in this case:
For the Appellants: Mr. Chander M. Lall, Senior Advocate with
Ms. Nancy Roy, Mr. Mimansak Bhardwaj,
Mr. Sunny, Ms. Ananya Garg, Mr. Prashant
and Ms. Aastha, Advocates.
For the Respondents: Mr. Anirudh Bakhru, Mr. S.K. Bansal, Mr.
Rishi Bansal, Mr. Aditya Rajesh, Mr. Neeraj
Bhardwaj, Ms. Tejaswini and Ms. Umang,
Advocates.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J (Oral)
1. Appellant impugns order dated 16.09.2022, whereby on an
application under Order XXXIX Rule 1 and 2, an ad-interim
injunction has been granted in terms of prayers 5 (i) and 5 (ii) of the
Signature Not Verified
MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004645
application.
2. Prayers 5 (i) and 5( ii) of the application read as under:-
"5. Under the circumstances, it is humbly prayed that
during the pendency of this suit, this Hon'ble Court be
pleased to:
i. For an ex parte interim injunction restraining the
Defendants, their partners, principals, directors, officers,
employees, agents, distributors, suppliers, affiliates,
subsidiaries, franchisees, licensees, representatives, group
companies and assigns restraining them from
manufacturing, or authorizing the manufacture,
distributing, exporting, selling, offering for sale, displaying
and/or using, in any manner whatsoever, the impugned
goods as tabulated under paragraph 31 of the plaint under
the impugned marks/label namely 'TENSBERG' (Word
Mark) and ' and under the impugned
trade dress and/or any other goods bearing any other
mark/label/trade dress deceptively similar and/or
confusingly similar to the Plaintiff's said
trademarks/labels/trade dress as a trade mark/label or part
of trademark/label, trade name or a part of trade name,
domain name www.tensberg.com and its social media
platforms, including but not limited to, Facebook and
LinkedIn or a part of domain name or in any other manner
whatsoever amounting to or likely to:
a. Infringement of Plaintiff's registered
trademarks/labels;
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MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004645
b. Passing off their goods as that of the Plaintiff's and in
violation of the Plaintiff's common law rights in its said
trademarks/labels;
c. Infringement of copyright in the artwork of the said
trademarks/labels;
d. Falsification, unfair and unethical trade practices;
ii. An ex parte interim direction restraining the
Defendants from disposing off or dealing with its assets
including its shops, facilities and premises including those
at the addresses mentioned in the Memo of Parties and its
stocks-in-trade or any other assets as may be brought to the
notice of this Hon'ble Court during the course of the
proceedings and on the Defendants disclosure thereof and
which the Defendants are called upon to disclose and/or on
its ascertainment by the Plaintiff/Applicant as the
Plaintiff/Applicant is not aware of the same as per Section
135 (2) (c) of the Trade Mark Act, 1999 as it could
adversely affect the Plaintiff/Applicants ability to recover
the costs and pecuniary reliefs thereon;"
3. It is noticed that the impugned order was passed on the very
first date of hearing. Though the appellants were on caveat, no reply
or written statement was filed by them either prior or on the said date
of hearing. Since it was the first date, there was no opportunity
available to the appellants to file their response to the suit or the
application.
4. It is informed that written statement has now been filed before
the learned single Judge.
5. With the appeal, appellant had furnished the stock details, stock
Signature Not Verified
MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004645
of finished goods and stock of raw material as on 18.09.2022. The list
is as under: -
6. On 23.09.2022, purely as an interim arrangement and without
prejudice to the rights and contentions of the parties, it was agreed
that the appellant may exhaust the stock of finished goods as on
18.09.2022 i.e., stock shown in table 1 and 2 extracted hereinabove,
subject to maintaining full accounts as well as furnishing the same
before this Court.
7. A prayer has been made by learned senior counsel for the
Signature Not Verified
MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004645
appellant on behalf of the appellant to permit the appellant to
bottle/can the stock of raw material as shown in table 3 above i.e.,
100000 cases of 650 ML bottles.
8. Appellant has also produced a list dated 30.10.2022, which is
signed by the Production Manager and Brew Manager giving the beer
quantity in the 14 tanks. The same is taken on record. The quantity
is as under:-
Signature Not Verified
MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004645
9. Learned senior counsel for the appellants submits that since
brewing of the beer has commenced, it would have a limited shelf life
and is likely to become unconsumable, so it is prayed that appellants
be permitted to import the said quantity and sell in the Indian market
subject to making compliances with the statutory requirements, inter-
alia, of custom and excise.
10. After some arguments, it is agreed between the parties that
without prejudice to the rights and contentions of the parties and
subject to appellant depositing a sum of Rs.25,00,000/- with the
Registrar General of this Court, appellants would be permitted to
bottle/can the above quantity in the alleged impugned bottles and cans
and market the same in India subject to making the necessary
statutory compliances. The amount to be deposited shall be subject to
further orders to be passed by the learned single Judge in the suit.
11. Learned senior counsel for the appellant submits that certain
additional documents are required to be filed in support of their
contentions in the written statement. Let the same be filed within a
period of two weeks from today on the record of the suit. Replication,
if any, be filed within four weeks.
12. It is directed that the learned single Judge shall re-visit the order
in view of the stand taken by the appellants in their written statement
as well as the additional documents filed by the parties. It is clarified
that this Court has neither considered, nor expressed any opinion on
Signature Not Verified
MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number : 2022/DHC/004645
the merits of the contentions of either party. This order has been
passed with the consent of the parties and without prejudice to the
rights and contentions of the parties and no special equities shall flow
in favour of either party because of this order.
13. The amount be deposited within a period of four weeks.
Appellant shall also place on record of the Suit the accounts of the
sales earlier made as well as of the quantity that is now being
permitted. They shall also place on record of the Suit all custom and
excise documents including the batch number and details of import
and sale.
14. The Appeal is accordingly disposed of in the above terms.
SANJEEV SACHDEVA, J.
TUSHAR RAO GEDELA, J.
NOVEMBER 01, 2022
NA
Signature Not Verified
MAGGU
Signing Date:04.11.2022 12:20:03
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
