M/S RAMWAY FOODS LIMITED vs RAJENDRA SHARMA & ANR.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 7th May, 2025 + CS(COMM) 182/2023 with I.A. 6120/2023 & I.A. 35988/2024 M/S RAMWAY FOODS LIMITED .....Plaintiff Through: Mr. Amit Jain and Mr. Varun Kajla, Advocates versus RAJENDRA SHARMA & ANR. .....Defendants Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringement of trade mark and copyright and passing off of their goods as those of the plaintiff along with other ancillary reliefs. PROCEEDINGS IN THE SUIT 2. Summons in the suit and notice in the application for interim injunction were issued to the defendants on 11 th April, 2023. On the same date, an ex-parte ad interim injunction in favour of the plaintiff and against the defendants was granted and two Local Commissioners were appointed by this Court. 3. The defendants entered appearance through counsel on 11th July 2023, when the parties were referred for mediation to Delhi High Court Mediation Signature Not Verified Digitally Signed CS(COMM) 182/2023 Page 1 of 11 By:VIVEK MISHRA Signing Date:13.05.2025 16:23:51 and Conciliation Centre. However, the mediation efforts between the parties failed. 4. Vide order dated 23rd February 2024, the defendants’ application for condonation of delay of 89 days in filing the written statement was dismissed. 5. An application seeking discharge was filed by counsel for the defendants as he was not receiving any instructions from his clients. Thereafter, Court Notice was issued to the defendants on 16th July 2024. 6. Thereafter, an application under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) was filed on behalf of the plaintiff. 7. On 9th August 2024,