ITC LIMITED vs RAJ KUMAR MITTAL & ORS.

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd January, 2025 CCP(O) 9/2020 IN + CS(COMM) 647/2019 ITC LIMITED .....Plaintiff Through: Mr. Jayant Mehta Sr. Adv. with Mr. Tanmaya Mehta, Mr. Sudeep Chatterjee, Mr. Rohan Swarup and Mr. Sanyam Suri, Advocates versus RAJ KUMAR MITTAL & ORS. .....Defendants Through: Mr. Mayank Rustagi, Mr. J. Karan Malhotra and Mr. Mohit Nagpal, Advocates for D-1/Contemnor No.2 Mr. Pavan Malik, Advocate for Contemnor No. 1 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CCP(O) 9/2020 1. This petition has been filed on behalf of the petitioner/ plaintiff under Sections 11 and 12 of the Contempt of Courts Act, 1971 for initiation of contempt proceedings against the respondents, Mr. Prem Chand Mittal (respondent no.1) and Mr. Raj Kumar Mittal (respondent no.2/ defendant no.1) for deliberate disobedience of the ad interim injunction order dated 28th November, 2019. Signature Not Verified Digitally Signed CS(COMM) 647/2019 Page 1 of 11 By:KOMAL DHAWAN Signing Date:27.01.2025 18:25:59 PREFATORY FACTS 2. Brief facts relevant for adjudicating the present petition are set out below: 2.1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademark/trade-dress and copyright of the plaintiff, passing off their goods as that of the plaintiff, along with ancillary reliefs for damages and rendition of accounts. 2.2. The plaintiff/petitioner is engaged in the business of manufacturing and marketing a diverse range of products and services, such as Fast Moving Consumer Goods (FMCG), hotels, paperboards and specialty papers, packaging, agri-business, information technology, etc. 2.3. Mr. Raj Kumar Mittal has been trading as Mittal Sales/ Mittal Trading Com