Delhi High Court
M/S Golden Tobacco Limited vs M/S Golden Tobie Private Limited on 14 September, 2022
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Judgment delivered on: 14th September, 2022
+ FAO(OS) (COMM) 130/2021 & C.M. APPL 35593/2021
M/S GOLDEN TOBACCO LIMITED ..... Appellant
versus
M/S GOLDEN TOBIE PRIVATE LIMITED ..... Respondent
Advocates who appeared in this case:
For the Appellant: Mr. Sumeet Verma, Advocate with Mr. Mahinder
Pratap Singh and Ms. Sujatha, Advocates.
For the Respondent: Mr. Amit Gupta and Mr. Harisankar Mahapatra,
Advocates.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J (Oral)
1. Learned counsel for appellant submits that proceedings under
the Insolvency and Bankruptcy Code, 2016 have been initiated against
the appellant and an Interim Resolution Professional (IRP) has been
appointed, and he has been authorized by e-mail dated 12.09.2022 of
the IRP to appear and prosecute the present appeal.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.09.2022 20:51:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Appellant impugns order dated 24.09.2021, whereby the
petition filed by the appellant under Section 9 of the Arbitration and
Conciliation Act, 1996 (hereinafter would be referred to as the 'Act')
had been dismissed and the interim order that was granted on
11.06.2021 had been vacated.
3. Appellant had filed the subject petition under Section 9 of the
Act in respect of disputes emanating out of Trademark License
Agreement dated 12.02.2020 as amended by a supplementary
Agreement dated 29.08.2020.
4. By an interim order in the Section 9 petition, the learned Single
Judge on 11.06.2021 had restrained the respondent from
manufacturing, selling and supplying cigarettes by using the brand
names "Panama, Golden Gold Flake, Golden Classic, Taj Chhap &
Chancellor" owned by the appellant.
5. By the impugned order, the Section 9 petition has been
dismissed and the interim order vacated.
6. When the appeal was listed before this Court on 07.10.2021,
this Court, while issuing notice, directed that respondent shall not
manufacture the appellant's brands of cigarette i.e., "Panama,
Golden's Gold Flake, Golden Classic, Taj Chhap and Chancellor".
7. Order of 07.10.2021 was subsequently corrected by an order of
29.10.2021 and it was directed that respondents shall not
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.09.2022 20:51:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
"manufacture and sell" the above-referred appellant's brands of
cigarette. The order has continued from time to time. It is informed
that an Arbitrator has been appointed and the arbitral proceedings are
underway.
8. Learned counsel for parties agree that the appellant be
permitted to file an application under Section 17 of the Act seeking
the interim relief sought for in the Section 9 petition from the
Arbitrator.
9. In view of the above and without commenting on the merits of
the order, since both parties have consented that the appellant may file
an application under Section 17 of the Act, we set aside the impugned
order dated 24.09.2021.
10. Appellant is permitted to file an application under Section 17 of
the Act before the Arbitral Tribunal seeking relief as had been sought
in the petition under Section 9 of the Act. The Arbitral Tribunal shall
consider the application without being influenced by anything stated
on merits or on law in the impugned order dated 24.09.2021.
11. The interim order as granted by this Court on 07.10.2021 and
clarified by order dated 29.10.2021 shall continue to operate till it is
varied by the Arbitral Tribunal.
12. It is clarified that the interim protection shall cease to operate in
case no application is filed before the Arbitral Tribunal within a
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.09.2022 20:51:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
period of six weeks from today or till the application under Section 17
is listed before the Tribunal and the order is varied, whichever is
earlier.
13. The appeal is disposed of in the above terms.
C.M. APPL 38816/2021
1. This is an application on behalf of the petitioner seeking action
against the respondent for wilful breach of order dated 07.10.2021.
2. It is contended by learned counsel for appellant that despite
there being an order restraining the respondent from selling and
manufacturing the appellant's brand of cigarettes in the market, they
have found packets manufactured after the interim orders have been
passed and even packets without any manufacturing date, which
shows that with impunity the respondents are continuing to breach the
orders passed by this Court.
3. Perusal of the reply filed by the respondent shows that there is
an averment that there is no manufacturing activity carried out after
June, 2021. However, there is no explanation as to how the packets
containing a later date of manufacturing have been found in the
market by the appellant.
4. Learned counsel for respondent prays for time to file a better
affidavit. Let the same be filed on behalf of the respondent by its
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.09.2022 20:51:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Chairman/Managing Director within four weeks.
5. List on 17.11.2022.
6. The Chairman/Managing Director shall be personally present in
the Court on the next date of hearing.
SANJEEV SACHDEVA, J.
TUSHAR RAO GEDELA, J.
SEPTEMBER 14, 2022
NA
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:19.09.2022 20:51:08
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
