Saturday, November 12, 2022

Silver maple Healthcare Services Pvt.Ltd. Vs Dr.Tajinder Bhatti

Judgement date:02.11.2022

Suitl No. :CS Comm No.430  of 2022

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Jyoti Singh H.J.

Case Title: Silver maple Healthcare Services Pvt.Ltd. Vs Dr.Tajinder Bhatti

The Hon'ble High Court of Delhi was pleased to adjudicate application of the Defendant under Order 7 Rule 11 CPC. The Plaintiff has given up the claim of Infringement for Trademark DHI. However the Plaintiff insisted for the claim  of disparagement. 

The Defendant basic argument was that the suit is liable to be rejected under the provision of Order 7

Rule 11 CPC as the same suffer from mis-joinder of parties.

The Hon'ble High Court of Delhi reiterated the well settled proposition of law that while adjudicating

application under Order 7 Rule 11 CPC, only averment made in the plaint has to be seen.

The defenses raised by the Defendant in the written statement is not required to be seen while

deciding application under Order 7 Rule 11 CPC.

The Court rejected application of the Defendant under Order 7 Rule 11 CPC by

observing that mis joinder of necessary party can not be a ground for rejection of Plaint under the

provision of Order 7 Rule 11 CPC.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

=============

Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

=============


No comments:

Post a Comment

Featured Post

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING

WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING IN ORDER TO PROVE THE TRADEMARK  REGISTRA...

My Blog List

IPR UPDATE BY ADVOCATE AJAY AMITABH SUMAN

IPR UPDATE BY ADVOCATE AJAY AMITABH SUMAN

Search This Blog