DISPOSAFE HEALTH & LIFE LTD & ORS vs RAJIV NATH & ANR

Judgment text excerpt

$~P-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:- 28.02.2025 + FAO(OS)(COMM) 272/2018 DISPOSAFE HEALTH & LIFE LIMITED & ORS ..... Appellants Through: Mr. Amit Sibal, Senior Advocate with Mr. Hemant Daswani, Ms. Pranjal, Mr. Rishabh Sharma & Mr. Amandeep Singh, Advocates. versus RAJIV NATH & ANR. ..... Respondents Through: Mr. Peeyosh Kalra, Ms. V. Mohini, & Ms. Pragati Agrawal, Advocates. CORAM: HON’BLE MR. JUSTICE YASHWANT VARMA HON’BLE MR. JUSTICE PRATEEK JALAN % JUDGMENT PRATEEK JALAN, J. REV. PET. 221/2019 and FAO(OS)(COMM) 272/2018 A. Background of the litigation 1. The appellants seek review of a judgment dated 03.05.2019, by which the captioned appeal was disposed of. The appeal was directed against an order dated 31.10.2018 in CS(COMM) 139/2016, by which the learned Single Judge dismissed an application [I.A. 2618/2016] filed by the appellants under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [“CPC”]. The learned Single Judge also allowed the Signature Not Verified Digitally Signed FAO(OS)(COMM) 272/2018 Page 1 of 15 By:SHITU NAGPAL Signing Date:28.02.2025 15:04:49 respondents’ application [IA No.8591/2018] for vacation of an ad interim injunction dated 24.02.2016, which was in favour of the appellants. 2. The principal ground of review is that the Division Bench has recorded various findings in favour of the appellants, but omitted to pass an operative order of injunction against the respondents. 3. The judgment of the learned Single Judge was common to two suits: a. CS(COMM) 139/2016, filed by the appellants, alleging passing-off of the trademark “DISPOSAFE”, which they claim to be using for disposable medical devices; and b. CS(COMM) 1494/2016, filed by respondent No. 2 against the appellants, alleging passing-off of their tradem