FMI LIMITED vs MIDAS TOUCH METALLOYS PVT. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 18th December, 2024 Judgment Delivered on: 08th January, 2025 + CS(COMM) 721/2024 with I.A. 37456/2024, I.A. 40948/2024 and I.A. 42795/2024 FMI LIMITED .....Plaintiff Through: Mr. J. Sai Deepak, Senior Advocate with Mr. N.K. Bhardwaj, Mr. Bikash Ghorai, Mr. Neeraj Bhardwaj, Mr. Rahul Maratha, Ms. V. Awasthi and Mr. Luv Virmani, Advocates. versus MIDAS TOUCH METALLOYS PVT. LTD. .....Defendant Through: Mr. C.M. Lall, Senior Advocate with Mr. Kapil Midha, Mr. Garv Singh, Ms. Samiksha Gupta and Ms. Muskan Garg, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 37456/2024 (under Order XXXIX Rules 1 and 2, CPC), I.A. 40948/2024 (under Order XXXIX Rule 4, CPC) and I.A. 42795/2024 (seeking directions) 1. By this judgment, I propose to dispose of the interlocutory application filed on behalf of the plaintiff under the provisions of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) and the interlocutory applications filed on behalf of the defendant (i) under Order Signature Not Verified Digitally Signed CS(COMM) 721/2024 Page 1 of 19 By:DHARMENDER SINGH Signing Date:08.01.2025 11:58:16 XXXIX Rule 4 of the CPC for vacation of the ex-parte ad interim Order dated 28th August, 2024 and (ii) under Section 151 of the CPC seeking leave to sell the existing stocks of the products bearing the mark ‘INDEED’ that was lying with the defendant. CASE SET UP IN THE PLAINT 2. The case set up by the plaintiff in the plaint is as under: 2.1 The plaintiff is the largest manufacturer of measuring tapes, spirit levels and measuring wheels in the Indian sub-continent and is well-established in over 60 countries. 2.2 The plaintiff dates back to the year 1950, when its predece