Dharampal Satyapal Limited v. Rajnigandha Distributors Private Limited & ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 317/2019 & I.A. 5860/2024 DHARAMPAL SATYAPAL LIMITED .....Plaintiff Through:

Ms. Vaishali R. Mittal & Mr. Shivang Sharma, Advocates.

versus RAJNIGANDHA DISTRIBUTORS PRIVATE LIMITED & ORS .....Defendants Through:

Mr. Mahesh Prasad, Advocate for D-1 to 3.

Mr. Premtosh K. Mishra, CGSC, Mr.

Manish Vashisht & Ms. Sanya Kalsi, Advocates for GNCTD.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 18.02.2025 I.A. 5859/2024 (u/O XIII-A Rules 3 & 6(1)(a) r/w Order VIII Rule 10 & Section 151 of CPC, 1908) 1.

The present application has been filed on behalf of the plaintiff seeking summary judgment against the defendants no. 1 to 3. 2.

The Predecessor Bench vide orders dated 13th March, 2024 and 1st April, 2024 had noted the submissions of the counsel for the defendants no. 1 to 3 that the impugned website [www.rajnigandhadistributor.com] did not belong to the defendants no. 1 to 3. Further, no objection of the defendants no. 1 to 3 was noted for the suit being decreed for the relief of permanent injunction.

3.

Counsel for the defendants no. 1 to 3 reiterates that the defendants no. 1 to 3 have no objection if a decree of permanent injunction against them is CS(COMM) 317/2019 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 01/07/2025 at 11:09:15

passed.

4.

Accordingly, since there is no contest on behalf of the defendants no. 1 to 3 in respect of the aforesaid reliefs, the application is allowed and a decree of permanent injunction is passed in favour of the plaintiff against the defendants no. 1 to 3 in terms of prayer clauses 71(i) and 71(ii) of the plaint. 5.

The remaining reliefs sought in prayer clauses 71(iii) to 71(ix) of the plaint are not pressed on behalf of the plaintiff. 6.

Accordingly, the application is disposed of.

CS(COMM) 317/2019 7.

In view of the order passed in I.A. 5859/2024, the suit is decreed in terms of the prayer clauses 71(i) and 71(ii) of the plaint. 8.

The decree sheet be drawn up accordingly.

9.

All the pending applications stand disposed of. AMIT BANSAL, J FEBRUARY 18, 2025 S.Sharma CS(COMM) 317/2019 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 01/07/2025 at 11:09:15