M/S KRANTI SOAP PVT LTD & ORS. vs M/S DEEP CHAND ARYA INDUSTRIES

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 16, 2025 % Pronounced on: April 25, 2025 + CM(M)-IPD 4/2025, CM 41/2025-Stay and CM 42/2025-Exp M/S KRANTI SOAP PVT. LTD. & ORS. .....Petitioners Through: Mr. Mohan Vidhani, Mr. Saurabh Kumar and Ms. Nidhi Pandey, Advocates Versus M/S DEEP CHAND ARYA INDUSTRIES .....Respondent Through: Mr. J. Sai Deepak, Senior Advocate with Mr. Rishabh Srivastava, Ms. Yasheswini Sharma, Ms. Purnima Vashishtha, Advocates CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. The petitioners/ defendants, by way of the petition under Article 227 of the Constitution of India, seek to assail the order dated 11.02.20251 passed by the learned District Judge (Commercial)-08, Central District, Tis Hazari Courts, Delhi2 whereby their application under Order XIV Rule 5 read with Section 151 of the Code of Civil Procedure, 19083 in CS (COMM) 1 Hereinafter referred as “impugned order” 2 Hereinafter referred as “learned Trial Court” 3 Hereinafter referred as “CPC” CM(M)-IPD 4/2025 Page 1 of 12 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:25.04.2025 18:06:44 No.502/2024 instituted by the respondent/ plaintiff entitled M/s. Deep Chand Arya Industries v. M/s. Kranti Soap Private Limited & Ors. has been dismissed. Brief Factual Matrix: 2. In the suit for infringement of registered trademark ‘KRANTI’, damages along with other ancillary reliefs instituted by the respondent against the petitioners before the learned Trial Court, upon completion of pleadings, on 09.12.2024, the learned Trial Court framed the following issues as under:- “From the pleading of the parties, the following issues are framed: (1) Whether the plaintiff is entitled for decree of permanent injunction as prayed for? …OPP (2) Whether the plain