NOVATEUR ELECTRICAL & DIGITAL SYSTEMS PVT LTD vs V-GUARD INDUSTRIES LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 567/2021 & CC(COMM) 2/2022, I.A. 2117/2023, I.A. 16442/2023, I.A. 16444/2023 NOVATEUR ELECTRICAL & DIGITAL SYSTEMS PVT LTD .....Plaintiff Through: Mr. Hemant Singh, Ms. Palak Batra, Mr. Akhil Saxena, Advocates (M:7982941551) versus V-GUARD INDUSTRIES LTD .....Defendant Through: Mr. Saikrishna Rajagopal, Mr. Nitin Sharma, Ms. Deepika Pokharia, Mr. Abhay Aren, Mr. Angad Makkar, Advocates (M:9897862900) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT % 03.02.2025 MINI PUSHKARNA, J: I.A. 16444/2023 (Application on behalf of the defendant under Order XI Rule 1(10) read with Section 151 CPC) 1. The present application has been filed by the defendant under Order XI Rule 1 (10) as amended by the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Court Act, 2015, read with Section 151 of the Code of Civil Procedure (“CPC”), 1908, for placing on record additional documents. 2. The facts, as relevant for adjudication of the present application, are as follows: Signature Not Verified Digitally Signed CS(COMM) 567/2021 Page 1 of 13 By:AMAN UNIYAL Signing Date:03.02.2025 18:20:44 2.1 The present suit has been filed seeking permanent injunction restraining the defendant from using „MATTEO‟ range of switch plates or any other obvious imitation, infringing the plaintiff‟s registered design nos. 296178, 296179 and 296180 (“plaintiff’s designs”), along with reliefs of delivery up, rendition of accounts/damages, etc. 2.2 The defendant filed its written statement along with a Counter Claim, i.e. CC No. 2/2022 on 8th December, 2021, seeking cancellation of the plaintiff‟s designs, on the grounds of prior registrations by third parties, prior publication of plaintiff‟s design by NIPA International Pvt. L