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Leayan Global Pvt. Ltd. v/s Bata India Ltd.


Company & Directors' Information:- BATA INDIA LTD [Active] CIN = L19201WB1931PLC007261

Company & Directors' Information:- B N GLOBAL PRIVATE LIMITED [Active] CIN = U15400PB2014PTC038543

Company & Directors' Information:- K V GLOBAL PRIVATE LIMITED [Active] CIN = U24100DL2014PTC263567

Company & Directors' Information:- GLOBAL CORPORATION LIMITED [Active] CIN = L74999DL1992PLC048880

Company & Directors' Information:- T & I GLOBAL LTD. [Active] CIN = L29130WB1991PLC050797

Company & Directors' Information:- LEAYAN GLOBAL PRIVATE LIMITED [Active] CIN = U19116UP2009PTC038499

Company & Directors' Information:- K G GLOBAL PRIVATE LIMITED [Active] CIN = U74999DL2000PTC104788

Company & Directors' Information:- A. V. GLOBAL CORPORATION PRIVATE LIMITED [Active] CIN = U63090DL2007PTC159315

Company & Directors' Information:- A N GLOBAL LIMITED [Active] CIN = U92110MH1985PLC035269

Company & Directors' Information:- D S GLOBAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071516

Company & Directors' Information:- A B C GLOBAL PRIVATE LIMITED [Active] CIN = U51909PB2011PTC035103

Company & Directors' Information:- I A T GLOBAL COMPANY PRIVATE LIMITED [Active] CIN = U24116DL1997PTC084916

Company & Directors' Information:- J D GLOBAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC091270

Company & Directors' Information:- B N G GLOBAL INDIA LIMITED [Active] CIN = U52590DL2011PLC225377

Company & Directors' Information:- N K COMPANY (GLOBAL) PRIVATE LIMITED [Active] CIN = U52390WB2010PTC153624

Company & Directors' Information:- K B K GLOBAL PRIVATE LIMITED [Active] CIN = U24296DL2016PTC290487

Company & Directors' Information:- M & D GLOBAL PRIVATE LIMITED [Active] CIN = U31101UP1974PTC003937

Company & Directors' Information:- V R GLOBAL PRIVATE LIMITED [Active] CIN = U45200WB2007PTC120797

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- M M GLOBAL PRIVATE LIMITED [Strike Off] CIN = U29120WB1986PTC041280

Company & Directors' Information:- R V GLOBAL PRIVATE LIMITED [Active] CIN = U74990MH2009PTC195301

Company & Directors' Information:- M M C GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U11200MH2010PTC206910

Company & Directors' Information:- S R GLOBAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1997PTC084553

Company & Directors' Information:- H V GLOBAL PRIVATE LIMITED [Active] CIN = U18101DL2000PTC103960

Company & Directors' Information:- R P GLOBAL PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193409

Company & Directors' Information:- M S GLOBAL PRIVATE LIMITED [Active] CIN = U70100MH2008PTC213273

Company & Directors' Information:- R S V GLOBAL LIMITED [Strike Off] CIN = U51909DL1994PLC059032

Company & Directors' Information:- N B GLOBAL (INDIA) PRIVATE LIMITED [Active] CIN = U15122UP2012PTC051614

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- A M GLOBAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261061

Company & Directors' Information:- L S A GLOBAL INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098308

Company & Directors' Information:- R L GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U52300HP2014PTC000764

Company & Directors' Information:- G R GLOBAL PRIVATE LIMITED [Active] CIN = U70102KA2013PTC069586

Company & Directors' Information:- H. E. GLOBAL PRIVATE LIMITED [Active] CIN = U72901GJ2016PTC092866

    FAO (OS) (COMM) No. 58 of 2019

    Decided On, 18 March 2019

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE G.S. SISTANI & THE HONOURABLE MS. JUSTICE JYOTI SINGH

    For the Appellant: S.K. Bansal, Pankaj Kumar, Somnath D.C., Advocates. For the Respondent: Neeraj Grover, Anushka, Anmol, Advocates.



Judgment Text


G.S. Sistani, J.

Oral:

CM APPL. 12756/2019

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

FAO(OS) (COMM) 58/2019 & CM APPL. 12755/2019

3. Challenge in this appeal is to the order dated 27.02.2019 passed on an application filed by the plaintiff/respondent under Order XXXIX Rule 1 & 2 of CPC and an order dated 13.03.2019 passed on an application filed by the appellant/defendant under Order XXXIX Rule 4 of CPC.

4. Mr. Bansal, learned counsel appearing for the appellant submits that the respondent has concealed material facts from the Court and failed to bring to the notice of the Court that the appellant has been in the trade for more than 10 years and has also been using the mark “POWER FLEX”. He further submits that the respondent has failed to bring to the notice of the learned Single Judge the advertisements which were released by the appellant with the trade mark “POWER FLEX”. He submits that in case the relevant documents and facts were brought to the notice of the learned Single Judge, the ex-parte injunction would not have been granted.

5. His second grievance is that on an application filed by him under Order XXXIX Rule 4, the Single Judge has adjourned the matter to 3rd of April, 2019 without dealing with the prayers made in application.

6. We have heard learned counsel for the appellant. We have also perused the orders passed on 27.02.2019 and 13.03.2019. The order of 13.03.2019 is reproduced below:

“I.A. 3686/2019 (u/O XXXIX Rule 4 CPC)

“This is an application under Order XXXIX Rule 4 CPC. Ld. counsel appearing for the Defendants submits that they have been using the impugned mark 'POWER FLEX' since 2011. He submits that since the quantum of the goods available with him, bearing the impugned mark, is substantial, his client may be permitted to dispose of the existing stock, till the matter is disposed of. When the matter was heard in the morning Ld. Counsel for the Defendants submitted that they would attempt to obtain a stock statement post lunch. The matter was then taken up post lunch but the stock statement was not available. The matter is, accordingly, being adjourned. Let a stock statement be filed by Defendant No. 2 before the next date, and the said request shall be considered on the next date.

Reply be filed to the application within one week. Rejoinder before the next date.

List on 3rd April, 2019 for hearing of the application.”

7. Reading of the aforesaid order would show that the appellant sought leave to sell the existing stock till the matter was disposed of, however the matter was adjourned to Post Lunch to enable the counsel for the appellant/defendant/applicant before the Single Judge to produce the stock statement. However, since the stock statement was not available even post lunch, the matter was adjourned to 3rd April, 2019 for hearing of the application.

8. Since the application under Order XXXIX Rule 4 is already pending, was adjourned to 3.4.2019 as the appellant/defendant was unable to produce the stock register we see no reason to entertain this appeal. As far as the grievance of the application having been adjourned to 03.04.2019 without passing orders on merit is concerned, we find no force in the submission of the learned counsel as the same was adjourned because the stock statement was not available with the appellant. We have no hesitation in saying that when the matter comes up for hearing on 3rd April, 2019, all grounds which are sought to be urged before us, would be urged before the learned Single Judge.

9. We are informed that the written statement and reply to the application under Order XXXIX Rule 1 & 2 have been filed. Repli

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cation/rejoinder and reply to the application under Order XXXIX Rule 4 will be filed within 10 days. In case the same are not filed that would not be a ground alone to adjourn the matter. 10. Mr. Bansal submits that since the stock statement has been received by him, he will approach the learned Single Judge for the said relief. 11. With these directions, the appeal is disposed of. 12. Dasti.
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