BROAD PEAK INVESTMENT HOLDINGS LTD. AND ANR. vs BROAD PEAK CAPITAL ADVISORS LLP AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 29.11.2024 Judgment pronounced on: 20.01.2025 + CS(COMM) 405/2024 with I.A. 11282/2024, I.A. 11283/2024, I.A. 11285/2024, I.A. 42356/2024 BROAD PEAK INVESTMENT HOLDINGS LTD. AND ANR. .....Plaintiffs Through: Ms. Shwetasree Majumder, Ms. Priya Adlakha, Ms. Sucharu Garg and Ms. Shilpi Sinha, Advocates versus BROAD PEAK CAPITAL ADVISORS LLP AND ANR. .....Defendants Through: Mr. Ramesh Singh, Senior Advocate with Mr. Mohit D. Ram and Ms. Nayan Gupta, Advocates CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 11282/2024 (Under Order XXXIX Rules 1 & 2 CPC) 1. By way of the present judgment, I shall decide the captioned application filed on behalf of the plaintiffs under Order 39 Rule 1 and 2 of the Civil Procedural Code, 1908 (CPC). 2. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks of the plaintiffs Signature Not Verified Digitally Signed CS(COMM) 405/2024 Page 1 of 20 By:KOMAL DHAWAN Signing Date:20.01.2025 12:28:18 and passing off their business as that of the plaintiffs and other ancillary reliefs. 3. Summons in the suit and notice in the application were issued on 31 st May, 2024. 4. Reply to the interim application was filed on behalf of the defendants on 27th July, 2024 and the rejoinder thereto has also been filed by the plaintiffs on 20th August, 2024. However, no ad interim injunction order was passed in favour of the plaintiffs. 5. Thereafter the matter was listed on various dates and pleadings have been completed in the suit. The application was heard on 21 st October, 2024, 6th November, 2024, 26th November, 2024 and 11th November, 2024, when the judgment was reserved. CASE SET UP IN THE PLAINT 6. B