JANGEER SINGH TRADING AS JANGEER SINGH KABULSHAH AGRICULTURE WORKS vs YOGESH JANGID TRADING AS JANGID AGRO ENGINEERING & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 24.02.2025 Judgment pronounced on: 11.03.2025 + CS(COMM) 598/2022 & I.A. 13953/2022, I.A. 121/2023 JANGEER SINGH TRADING AS JANGEER SINGH KABULSHAH AGRICULTURE WORKS .....Plaintiff Through: Mr. Vikas Khera, Mr. Rohit and Mr. Yash Sharma, Advocates versus YOGESH JANGID TRADING AS JANGID AGRO ENGINEERING & ANR. .....Defendants Through: Mr. J. Sai Deepak, Senior Advocate with Mr. Raghav Nagar, Mr. Rishab Nagar and Mr. Avinash Sharma, Advocates CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 13953/2022 (Order XXXIX Rules 1 & 2, CPC ) 1. By way of the present judgment, I shall decide the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking grant of interim injunction against the defendant. 2. The present suit has been filed seeking permanent injunction restraining the defendant from infringement and passing off the plaintiff’s trademark, rendition of accounts, damages and other ancillary reliefs. Signature Not Verified Digitally Signed CS(COMM) 598/2022 Page 1 of 14 By:KOMAL DHAWAN Signing Date:11.03.2025 14:42:19 Proceedings in the suit 3. Summons in the suit and notice in the application was issued on 31 st August, 2022. However, no ad interim injunction order was passed in favour of the plaintiff. 4. In the Order dated 27th September, 2022, the statement of the defendant’s counsel was recorded to the effect that the defendant is neither using nor intending to use the mark 'JANGEER/JANGIR'. 5. Thereafter, the matter was listed on various dates and pleadings were completed in the suit as well as in the present application. The application was heard on 9th January, 2025, 20th January 2025, 18th February, 2025 and 24