Casablanca Apparels Pvt. Ltd. v. Polo Lauren Company Lp & ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1157/2024, CM APPL. 68976/2024 (Ex. List ff dates & Synopsis), CM APPL. 68977/2024 (29 Days Delay) & CM APPL. 68978/2024 (76 Days Delay in Refiling) CASABLANCA APPARELS PVT. LTD. .....Appellant Through:

Mr. Manu P.R & Ms. Shalini Sukumaran, Advs.

versus POLO LAUREN COMPANY LP & ANR. .....Respondents Through:

Mr.

Anirudh Bakhru, Mr.

Siddharth Swain, Mr. Rishi Bansal, Advs.

Mr. Nidhi Raman, CGSC, Mr.

Zubin Singh, Adv for R-2.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA % 26.11.2024

O R D E R

1.

The learned Single Judge in terms of the order impugned before us has proceeded to dismiss the rectification petition holding it to be non-maintainable as an application under Section 124 of the Trade Marks Act, 1999 was pending before the Trial Court. 2.

We note that while taking that view the learned Single Judge has essentially borne in consideration the enunciation of the law as it appears in a decision rendered by a Division Bench of Court in Mr. Amrish Aggarwal Trading as M/s Mahalaxmi Product v. M/s Venus Home Appliances Pvt. Ltd. & Anr. [2024 SCC OnLine Del 3652]. This becomes apparent from a reading of paragraphs 6 and 7 of the order impugned. The decision aforenoted clearly binds and 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 02/12/2024 at 12:08:30

conclusively settles the issue of maintainability. 3.

Bearing in mind the aforesaid, we find no error in the judgment rendered. The appeal fails and shall stand dismissed. YASHWANT VARMA, J.

DHARMESH SHARMA, J.

NOVEMBER 26, 2024/DR 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 02/12/2024 at 12:08:30