Central Park Estates Pvt. Ltd. & ORS. & ORS. v. Samvara Buildtech Private Limited & ANR. & ORS.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 119/2023, CM APPL. 30635/2023 (Stay), CM APPL. 47317/2023 (Delay of 25 days in filing of reply) CENTRAL PARK ESTATES PVT.
LTD. & ORS.
.....Appellants Through:
Mr. Sandeep Sethi, Sr. Adv.
with Mr. Neeraj Yadav, Ms.
Shreya Sethi & Mr. Dushyant Upadhyay, Advs.
versus SAMVARA BUILDTECH PRIVATE LIMITED & ANR. & ORS.
.....Respondents Through:
Mr. Neeraj Malhotra, Sr. Adv.
with Mr. Shantanu Malik, Mr.
Abhishek Praharaj, Mr. Nimesh Kr. Gupta & Ms. Sukriti Verma, Advs.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA % 01.10.2024
O R D E R
1.
We take note of our order of 07 July 2023 and which reads as under:
"On a reading of Paras 14 and 25 of the order impugned here, it appears that directions have been issued by the learned Single Judge requiring the respondents to modify pictorially as well as the font presentation the word "Central Park" as appearing on the banner heading of their project. The aforesaid exercise is yet to be completed by the respondents.
In order for this Court to have an opportunity to examine the pictorial modifications which are proposed, let this matter be called again on 27.07.2023."
2.
Pursuant to the aforesaid, an Affidavit of Compliance has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2024 at 11:48:53
filed by the respondents and with which a pictorial representation of the mark that they propose to use has been placed on the record. We are further informed that the respondents are no longer using the mark "Central Park".
3.
In view of the aforesaid, and in case even if they were to choose to adopt that mark in the future, it would have to be compliant with the orders dated 10 March 2017 and 29 March 2023 which had been passed by the learned Judge in the pending suit, we find no justification to continue this appeal.
4.
While reserving liberty to the respondents to take such steps in case need so arises, and keeping all questions of law which were sought to be addressed on the appeal open, we dispose of the appeal. YASHWANT VARMA, J.
RAVINDER DUDEJA, J.
OCTOBER 1, 2024/kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2024 at 11:48:53