BAJAJ RESOURCES LIMITED & ANR vs GOYAL HERBALS PRIVATE LIMITED & ORS

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:22nd January, 2025 + CS(COMM) 1564/2016 BAJAJ RESOURCES LIMITED & ANR .....Plaintiffs Through: Ms. Kruttika Vijay, Ms. Geetanjali Visvanathan, Mr. Sauhard Alung and Mr. Shivansh Tiwari, Advocates. versus GOYAL HERBALS PRIVATE LIMITED & ORS.....Defendants Through: Mr. Jaspreet Singh Kapur, Mr. Wasim Ansari and Ms. Shweta Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) I.A. 1586/2025 (condonation of delay in filing reply to application under Order VI Rule 17 of CPC) 1. This application has been filed on behalf of the defendants seeking condonation of delay of 19 days in filing reply to the plaintiffs’ application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’). 2. For the reasons stated in the application, the same is allowed. 3. Delay of 19 days in filing reply to the application is condoned. 4. Accordingly, the application stands disposed of. Signature Not Verified Digitally Signed CS(COMM) 1564/2016 Page 1 of 12 By:KOMAL DHAWAN Signing Date:27.01.2025 16:54:22 I.A. 39862/2024 (Order VI Rule 17 of CPC) 5. The present suit has been filed for permanent injunction restraining the defendants from using the mark ‘ALMOND DROPS’ amounting to infringement of trade mark/ trade dress, passing off and infringement of copyright along with other ancillary reliefs. 6. During the pendency of the suit, the present application has been filed on behalf of the plaintiffs under Order VI Rule 17 of the CPC seeking leave to amend the plaint. 7. By way of the present application, the plaintiffs seek to amend the plaint to bring on record facts pertaining to the following: 7.1. Three trade mark registrations and one pending trade mark application, all of which were