GENSOL ELECTRIC VEHICLES PVT. LTD. vs MAHINDRA LAST MILE MOBILITY LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 18.11.2024 Judgment pronounced on: 13.01.2025 I.A. 40846/2024 IN + CS(COMM) 849/2024 GENSOL ELECTRIC VEHICLES PVT. LTD. .....Plaintiff Through: Mr. Chander M. Lall, Sr. Advocate with Ms. Swapnil Gaur, Ms. Annanya Mehan, Mr. Abhinav, Advocates. versus MAHINDRA LAST MILE MOBILITY LIMITED .....Defendant Through: Mr. Rajiv Nayar, Sr. Advocate and Mr. Akhil Sibal, Sr. Advocate with Mr. Ankur Sangal, Ms. Smriti Yadav, Ms. Sucheta Roy, Ms. Amrit Sharma, Ms. Ridhie Bajaj and Ms. Sarah Haque, Advocates. CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 40846/2024 (under Order XXXIX Rule 1 and 2 CPC) 1. By way of the present judgment, I shall decide the captioned application filed on behalf of the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter the ‘CPC’). Signature Not Verified Digitally Signed By:DHARMENDER SINGH CS(COMM) 849/2024 Page 1 of 20 Signing Date:13.01.2025 12:44:47 2. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing and passing off the trade mark of the plaintiff, along with other ancillary reliefs. 3. Summons in the suit were issued on 29th September, 2024, and notice in the interim injunction application was issued on 1st October 2024. However, no ad-interim injunction order was passed in favour of the plaintiff. 4. The reply to the interim application was filed on behalf of the defendant on 15th October, 2024, and a rejoinder thereto has been filed by the plaintiff on 19th October, 2024. 5. Submissions of the parties were heard on 30th September 2024, 1st October 2024, 22nd October 2024, 29th October 2024, and 18th November 2024, when the judgment was reserved. CASE SET UP BY