KIRAN SEHGAL PROP. M/S BALAJI TRADING COMPANY AND OTHERS vs VEENA AGGARWAL PROP. POWER ELECTRO CONTROLS

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10.01.2025 + FAO (COMM) 5/2025 KIRAN SEHGAL PROP. M/S BALAJI TRADING COMPANY AND OTHERS .....Appellants Through: Mr.Anshuman Gargesh, Adv. versus VEENA AGGARWAL PROP. POWER ELECTRO CONTROLS .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (Oral) CM APPL. 1253-54/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. FAO (COMM) 5/2025 & CM APPL. 1252/2025 3. This appeal has been filed challenging the Order dated 13.09.2024 passed by the learned District Judge (Commercial), Court- 08, Central District, Tis Hazari Court, Delhi, in CS (Comm.) 5100/2021, titled Veena Aggarwal v. M/s Balaji Trading Company and Ors., whereby an interim order was issued restraining the appellants herein from manufacturing, marketing, selling or otherwise dealing with the products under the trademark/label ‘POWERMEN DLX’ and ‘POWERMEN MAXX’, or any other similar deceptive trademark, label etc., till the final disposal of the Suit. Signature Not Verified Digitally Signed FAO (COMM) 5/2025 Page 1 of 10 By:SUNIL Signing Date:14.01.2025 19:57:38 4. The respondent had filed the above Suit, claiming therein that the respondent is the owner of the trademark ‘POWERMAN’, which has been used for manufacturing, selling, marketing and distribution of electrical goods and accessories since April 2000. The firm had been established by the deceased husband of the respondent on 01.04.2000. The trademark –‘Powerman’ is used by the respondent for various goods, including rotary switches, relays, rocker switches, terminal strips, volt and AM Meters, Inverters and UPS kits, and it has also been registered since 13.02.2008 as a label mark.