$~19, 21
& 28
*
IN THE
HIGH COURT OF DELHI AT NEW DELHI
+
FAO 443/2017 and C.M.
Nos.41035/2017 (stay) & 41036/2017 (exemption)
ANURAG SANGHI & ANR .....
Appellants
Through: Mr. Chander M. Lall, Senior
Advocate
with Ms. Nancy Roy,
Advocate,
Ms. Samreen Khan,
Advocate
and Mr. Rupin Bahl,
Advocate.
versus
KNITPRO INTERNATIONAL .....
Respondent
Through: Mr. Harish Malhotra, Senior
Advocate
with Mr. Ajay Amitabh
Suman,
Advocate.
+
FAO 445/2017 and C.M.
Nos.41115/2017 (stay) & 41116/2017 (exemption)
ANURAG
SANGHI & ANR
|
..... Appellants
|
Through:
|
Mr.
Chander M. Lall, Senior
|
Advocate
with Ms. Nancy Roy,
|
|
Advocate,
Ms. Samreen Khan,
|
|
Advocate
and Mr. Rupin Bahl,
|
|
versus
|
Advocate.
|
KNITPRO
INTERNATIONAL
|
.....
Respondent
|
Through:
|
Mr.
Harish Malhotra, Senior
|
Advocate with Mr. Ajay Amitabh
|
|
Suman,
Advocate.
|
FAO Nos.443/2017, 445/2017 & 446/2017 page 1 of
3
+
FAO 446/2017 and C.M.
Nos.41142/2017 (stay) & 41143/2017 (exemption)
ANURAG SANGHI & ANR .....
Appellant
Through: Mr. Chander M. Lall, Senior
Advocate
with Ms. Nancy Roy,
Advocate,
Ms. Samreen Khan,
Advocate
and Mr. Rupin Bahl,
Advocate.
versus
KNITPRO INTERNATIONAL .....
Respondent
Through: Mr. Harish Malhotra, Senior
Advocate
with Mr. Ajay Amitabh
Suman,
Advocate.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.
MEHTA O R D E R
% 14.11.2017
1. After
arguments, all the impugned orders dated 31.8.2017 in
FAO
No.443/2017 and 9.10.2017 in FAO Nos.445/2017 & 446/2017 are set
aside
with consent but the same will not be a reflection on the respective
cases of
the parties on merits so far as disposal of injunction applications
filed by
the respondents/plaintiffs is concerned.
2. Appellants will file written statements
alongwith their documents positively within three weeks from today and the
respondents/plaintiffs will file replications thereto alongwith their
FAO Nos.443/2017, 445/2017 & 446/2017 page 2 of
3
documents
within two weeks thereafter.
3. Trial court is requested to make endeavours to
expeditiously dispose of the injunction applications and trial court is
directed to impose very heavy costs on the party which seeks unnecessary
adjournments on the dates fixed for hearings of the injunction applications
filed by the respondents/plaintiffs. Since the impugned orders are set aside
whatever has been sealed or seized pursuant to the impugned orders, will be
available to the appellants/defendants for their business noting that there is
already a list prepared of the items by the Local Commissioners who are
appointed in the cases.
4. Appeals
are disposed of in terms of aforesaid observations.
5. Dasti to
the counsels for the parties.
VALMIKI J. MEHTA, J
NOVEMBER 14, 2017
Ne
FAO Nos.443/2017, 445/2017 & 446/2017 page 3 of
3
S
U P R E M E C O U R T O F I N
D I A
RECORD OF PROCEEDINGS
Petition(s)
for Special Leave to Appeal (C) No(s). 902/2018
(Arising out of impugned final
judgment and order dated 14-11-2017
in FAO No. 443/2017 passed by the High Court Of Delhi At New
Delhi)
M/S KNITPRO INTERNATIONAL Petitioner(s)
VERSUS
ANURAG SANGHI & ANR.
Respondent(s)
(FOR ADMISSION and I.R. and IA
No.5371/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
WITH
SLP(C) No. 905/2018 (XIV)
(FOR ADMISSION and I.R. and IA
No.5394/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
SLP(C) No. 1038/2018 (XIV)
(FOR ADMISSION and I.R. and IA
No.6216/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 02-02-2018 These matters were called on for hearing
today.
CORAM : HON'BLE MR. JUSTICE ROHINTON FALI
NARIMAN
HON'BLE MR. JUSTICE NAVIN SINHA
For Petitioner(s) Mr. Ravinder Sethi, Sr. Adv.
Mr. S.K. Bansal, Adv.
Mr. Ajay Amitabh Suman, Adv.
Mr. Virendra Kumar Sinha, Adv.
Ms. S. Janani, AOR
For Respondent(s)
UPON hearing the counsel the Court
made the following
O
R D E R
Issue notice.
In the meanwhile, there shall be stay of operation of the
judgment of the High Court.
(R. NATARAJAN)
COURT MASTER (SH)
(SAROJ KUMARI GAUR)
COURT MASTER
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL
APPEAL NO.3470 OF 2018
(Arising
out of SLP (C) No.902 of 2018)
M/S KNITPRO INTERNATIONAL
APPELLANT(S)
VERSUS
ANURAG SANGHI & ANR.
RESPONDENT(S)
WITH
CIVIL
APPEAL NO.3471 OF 2018
(Arising
out of SLP (C) No.905 of 2018)
CIVIL
APPEAL NO.3472 OF 2018
(Arising
out of SLP (C) No.1038 of 2018)
O
R D E R
Leave granted. We have heard learned
counsel for
the parties.
The suit filed by the appellant for
injunction in
a trade mark matter is pending before the trial Court.
Against the Ad-interim injunction
granted in favour of the
appellant, the
respondents moved the
High Court. The
High
Court set aside the order of
injunction and directed fresh
consideration of the matter.
We are of the
view that the High Court ought
to
have considered the matter itself. Let the same be now
done.
Accordingly, we set aside the
impugned order and
remit
the matters to the High Court for fresh disposal in accordance with law. We
hope the High Court will decide the matter expeditiously and, subject to
cooperation of the parties, as far as possible within one month.
The parties may to appear before the High Court for further
proceedings on 10th April, 2018. In the meanwhile, interim injunction will continue
till further orders by the High Court.
The appeals are disposed of in above
terms.
..........................J.
[ADARSH KUMAR GOEL]
..........................J.
[ROHINTON FALI NARIMAN]
NEW DELHI
2nd April, 2018
ITEM NO.11 COURT NO.10 SECTION XIV
S
U P R E M E C O U R T O F I N
D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to
Appeal (C) No(s). 902/2018
(Arising out of impugned final
judgment and order dated 14-11-2017 in FAO No. 443/2017 passed by the High
Court of Delhi at New Delhi)
M/S KNITPRO INTERNATIONAL
Petitioner(s)
VERSUS
ANURAG SANGHI & ANR.
Respondent(s)
(FOR APPLICATION FOR VACATION OF
STAY/RECALLING THE COURTS ORDER ON IA 34172/2018)
WITH
SLP(C) No. 905/2018 (XIV)
(FOR APPLICATION FOR VACATION OF STAY/RECALLING THE COURTS ORDER
ON IA 34183/2018)
SLP(C) No. 1038/2018 (XIV)
(FOR APPLICATION FOR VACATION OF
STAY/RECALLING THE COURTS ORDER ON IA 34179/2018)
Date : 02-04-2018 These matters were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s)
Mr. Shyam Divan, Sr. Adv.
Mr. S.K. Bansal, Adv.
Mr. Ajay Amitabh Suman, Adv.
Ms. S. Janani, AOR
For Respondent(s)
Mr. N.K. Kaul, Adv.
Mr. M.K. Miglani, Adv.
Mr. Gaurav Miglani, Adv.
Mr. Sanjyat Lodha, Adv.
Mr. Deepak Joshi, Adv.
Ms. Garima Bajaj, AOR
UPON hearing the counsel the Court
made the following
O R D E R
Leave granted.
The appeals are allowed in terms of
the signed order.
Pending applications, if any, are
also stand disposed of.
(SWETA DHYANI)
SENIOR PERSONAL ASSISTANT
(SUMAN JAIN)
BRANCH OFFICER
(Signed
order is placed on the file)
