SUMAN DEVI AND ANR vs RAKESH KUMAR SHARMA

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 189/2025 & CM APPL. 44031/2025, CM APPL. 44032/2025 SUMAN DEVI AND ANR .....Appellants Through: Ms. Ishtha Singh, Adv. with Mr. Surit Dubey, Adv. versus RAKESH KUMAR SHARMA .....Respondent Through: Mr. Amit Tiwari and Mr. Sanchit Bhushan, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 25.07.2025 C. HARI SHANKAR, J. Facts, and the impugned order 1. In CS (Comm) 410/20251, pending before the learned District Judge (Commercial Court)2 and from which this appeal emanates, the respondent is the plaintiff and the appellants are the defendants. 2. The appellants assail order dated 2 June 2025 passed by the learned Commercial Court in an application filed by the respondent under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1 Rakesh Kumar Sharma v Suman Devi and Anr., referred to, hereinafter, as “the suit” 2 “the learned Commercial Court” hereinafter Signature Not Verified FAO (COMM) 189/2025 Digitally Signed By:AJIT Page 1 of 19 KUMAR Signing Date:28.07.2025 19:12:08 19083. 3. The suit was instituted by the respondent alleging infringement, by the appellants, of the registered trade mark LABTRONICS of the respondent. The respondent contended that he had coined and adopted the trade mark LABTRONICS in 2001 and was using the mark for scientific and laboratory instruments such as Spectrophotometers, Automatic Potentiometric Titrator, Tablets Disintegration Test Apparatus, Visual colorometer etc. 4. The respondent is also in possession of a valid and subsisting registration in the word mark LABTRONICS for scientific and laboratory instruments such as spectrophotometers, digital flame photometers, titrimeters, polarimeters, microprocessor voltmeters, hy