Delhi High Court
Apar Industries Limited vs Sh Rummy Chhabra on 16 January, 2023
Neutral Citation Number: 2023/DHC/000344
$~S-87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 12/2023 & CM APPL.1557/2023
APAR INDUSTRIES LIMITED ..... Appellant
Through: Mr.Chander M.Lall, Sr.Advocate with
Mr.Sourabh Gupta, Mr.Puneet Yadav
and Mr.Tarun Arora, Advocates.
versus
SH RUMMY CHHABRA ..... Respondent
Through: Mr.Manish Biala, Advocate with
Mr.Arun Jha and Mr.Devesh Ratan,
Advocates.
% Date of Decision: 16th January, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
JUDGMENT
MANMOHAN, J: (ORAL)
CM APPLs.1558-1559/2023 (exemption)
Allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
FAO (COMM) 12/2023 & CM APPL.1557/2023
1. Present appeal has been filed challenging the ex-parte order dated
5th January, 2023 passed by the learned District Judge, Saket Court in CS
(COMM) No. 10/2023 whereby in an application filed under Order XXXIX
Rules 1 & 2 by the Respondent-plaintiff, an ex-parte ad interim injunction
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:17.01.2023
Neutral Citation Number: 2023/DHC/000344
has been passed against the Appellant-Defendant restraining the Appellant
from using the mark "VELLO" in any manner.
2. Learned senior counsel for the appellant-defendant undertakes that the
appellant-defendant shall not use the mark 'VELO' or 'VELLO' for the
manufacture or sale of its goods/products in future. He states that the
appellant shall sell and dispose of its closing stock-in-hand of 8,893 Nos. of
tyres as on 31st December, 2022 and which is having a taxable value of
Rs.87,49,875/- and DLP value of Rs.1,11,99,840/-. He states that the details
of the said closing stock-in-hand have been given in the CA Certificate
dated 10th January, 2023 filed as annexure A-7 to the present appeal. He also
states that the appellant-company shall dispose of the said stock within a
period of one year from today.
3. Learned counsel for the respondent-plaintiff on instructions states that
the appellant should withdraw its pending application for the mark "ARKOS
GRIPP VELLO" and should destroy the mould.
4. Learned senior counsel for the appellant clarifies that the appellant
had no intention of violating the trademark of the respondent-plaintiff and to
put the matter beyond controversy, he acknowledges that the mark "VELO"
belongs exclusively to the respondent-plaintiff. He undertakes that the
appellant shall, within fifteen days, withdraw its trademark application No.
5353920 for the mark "ARKOS GRIPP VELLO". He also states that as the
manufacture of the tyres had been outsourced, the appellant shall ensure
removal of the mark "VELLO" from the moulds of the tyres in the presence
of representative of the respondent within a month. He further states that the
appellant shall not seek any extension after one year to dispose of the
existing stock. The stock, if any, available after one year shall be destroyed.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:17.01.2023
Neutral Citation Number: 2023/DHC/000344
5. In view of the aforesaid statements and undertakings, learned counsel
for the respondent prays that the present suit be decreed in terms thereof.
6. The aforesaid statements and undertakings given by learned senior
counsel for the appellant are accepted by this Court and the appellant is held
bound by the same.
7. Further, the aforesaid suit pending before the learned District Judge is
decreed in terms of the aforesaid statements and undertakings. The Trial
Court shall prepare a decree sheet accordingly. With the aforesaid direction,
the present appeal along with application stands disposed of.
MANMOHAN, J
SAURABH BANERJEE, J
JANUARY 16, 2023
TS
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:17.01.2023
