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Relaxo Footwears Limited v/s XS Brands Consultancy Private Limited & Others


Company & Directors' Information:- RELAXO FOOTWEARS LIMITED [Active] CIN = L74899DL1984PLC019097

Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- F. A. N. BRANDS PRIVATE LIMITED [Active] CIN = U52100KA2008PTC046273

Company & Directors' Information:- K BRANDS PRIVATE LIMITED [Strike Off] CIN = U74999MH2015PTC263112

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- M V FOOTWEARS PRIVATE LIMITED [Active] CIN = U29201HR2003PTC035081

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- M. R. FOOTWEARS PRIVATE LIMITED [Active] CIN = U19201DL2007PTC159220

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- K P M FOOTWEARS PVT LTD [Strike Off] CIN = U19201CH1987PTC007444

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- M U S INDIA CONSULTANCY LIMITED [Strike Off] CIN = U74900WB2013PLC191253

Company & Directors' Information:- XS BRANDS CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2010PTC211499

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- Y. K. M. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC254940

Company & Directors' Information:- J. P. CONSULTANCY PRIVATE LIMITED [Active] CIN = U51909GJ2002PTC040433

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- S K FOOTWEARS PVT LTD [Strike Off] CIN = U99999UP1982PTC005685

Company & Directors' Information:- N M FOOTWEARS PRIVATE LIMITED [Active] CIN = U19201DL2003PTC121657

Company & Directors' Information:- A V P FOOTWEARS PRIVATE LIMITED [Strike Off] CIN = U19131UP1989PTC010391

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- M F S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2008PTC177948

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- M G R FOOTWEARS PRIVATE LIMITED [Strike Off] CIN = U19115UP2012PTC053142

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- A P FOOTWEARS PRIVATE LIMITED [Converted to LLP] CIN = U19115DL2007PTC169106

Company & Directors' Information:- R S FOOTWEARS PRIVATE LIMITED [Active] CIN = U19115DL2010PTC211016

Company & Directors' Information:- M J M CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC133200

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

Company & Directors' Information:- INDIA FOOTWEARS LIMITED [Dissolved] CIN = U99999MH1948PLC006226

    CS. (COMM). No. 917 of 2018 & IAs. No. 7650 of 2018 (u/O XXXIX R-1 & 2 CPC), 11487 of 2018 (of D-1 & 3 u/O XI R-1(4) CPC), 11515 of 2018 (of D-2 u/O I R-10 CPC), 11516 of 2018 (of D-5 u/O I R-10 CPC), 16352 of 2018 (of D-2 u/O VIII R-1 CPC), 16353 of 2018 (of D-5 u/O VIII R-1 CPC) & 187 of 2019 (for modification of order dated 5th October, 2018)

    Decided On, 11 March 2019

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE RAJIV SAHAI ENDLAW

    For the Plaintiff: Saif Khan, Shobhit Agarwal, Ayush Sahay, Akshay Agarwal, Advocates. For the Defendants: C.M. Lall, Sr. Advocate, Ankur Sangal, Pragya Mishra, Advocates.



Judgment Text


I.A.No.2219/2019 of the plaintiff under Order VI Rule 17 of the CPC

1. Plaintiff seeks to enhance the valuation of the present suit for the purpose of court fee and jurisdiction.

2. The senior counsel for the defendants, under instructions, has no objection.

3. The application is allowed and is disposed of.

I.A.No.187/2019 of the plaintiff under Section 151 CPC for recall/modification of the order dated 5th October, 2018

4. This order is in continuance of the earlier order dated 10th January, 2019 on this application.

5. The senior counsel for the defendants has been further heard.

6. The defendant No.4 filed I.A. No.11649/2018 under Order 1 Rule 10 of the CPC for deletion from the array of the defendants in this suit for permanent injunction restraining passing off, infringement of copyright, etc. by the defendants of the mark/device “IMAGE” of the plaintiff, by adopting the mark/device “IMAGE” for marketing their goods through the brand “IMAGE”.

7. It was pleaded in the said application (i) that the defendant no.4 is just an actor, who is promoting the brand “HRX” and has some shareholding in the defendant no.1 company; the defendant No.4 however has no role to play in the defendant no.1 company and has no role in the day to day functioning of the defendant no.1 and does not undertake any actions in his personal capacity qua the defendant no.1 company which would render him individually liable in the present suit; (ii) that the averments in the plaint also are against the defendants no.1 to 3 only and not against defendant no.4; and, (iii) that all the applications for registration of the trademark have also been filed by the defendant no.1 and defendant no.4 has no relation to the said mark.

8. The senior counsel for the defendants, on 5th October, 2018, stated that the defendant no.4 “was only endorsing the brand and has no ownership interest in the impugned brand.”

9. In view of the said statement of the senior counsel for the defendants, the counsel for the plaintiff gave his no objection to the deletion of defendant no.4 subject to filing of an affidavit of defendant no.4 in this regard.

10. Accordingly, on 5th October, 2018, it was ordered that subject to filing of an affidavit of defendant no.4, defendant no.4 stood deleted from the array of the defendants.

11. Defendant no.4 filed an affidavit through his attorney, reiterating that defendant no.4 is only an actor/artist, who is promoting/advertising the defendant no.1’s brand “HRX” and also has some shareholding in the defendant no.1 company and otherwise has not played any role in the management/operation of the defendant no.1 and does not carry out any action so as to make him liable individually.

12. Plaintiff, on receipt of the aforesaid affidavit, filed this application, which as aforesaid came up before this Court on 10th January, 2019.

13. Counsel for the plaintiff, on 10th January, 2019 drew attention to pages 366 & 368 of Part III-B file, being the news articles in the Economic Times and Jagran newspapers, wherein it was reported that defendant no.4 had launched “his own” brand “HRX” and that “the brand is about fitness and fashion, the two key strengths of Hrithik Roshan”. It was further pointed out and noted in the order dated 10th January, 2019, that the said news articles did not find any mention of defendant no.1.

14. In the circumstance, observing that “considering the iconic status enjoyed by the defendant no.4, the representation to the public is of importance” and that defendant no.4 could not “take a stand before the Court contrary to what is otherwise represented to the public for commercial benefits”, hearing was adjourned to today.

15. Today, the senior counsel for the defendants has argued that the defendant no.4 has no ownership interest in the brand and merely on account of holding shares of defendant No.1 company does not become owner of the brand. It is further contended that if defendant no.4 is construed as having ownership, he will have to appear in various courts or wherever litigation with respect to the brand may arise.

16. I may notice, that though the defendants in I.A. No.11649/2018 also pleaded the factum of defendant no.4 holding shares in the defendant no.1 company but in the court, on 5th October, 2018, what was stated was that he was merely endorsing the brand and had no ownership interest in the brand and it was in lieu of the said statement alone that counsel for the plaintiff had given no objection to the deletion of the name of the defendant no.4. However, counsel for the plaintiff appears to have noticed the said fact for the first time from the affidavit, where the same was reiterated, and whereafter this application came to be filed.

17. Be that as it may, since the no objection of the counsel for the plaintiff was premised only on the submission made in the court, of the defendant no.4, that he was only endorsing the brand and having no ownership interest in the brand, it is felt that IA No.11649/2018 requires re-consideration.

18. The senior counsel for the defendants now contends that since IA No.187/2019 is for modification of the order, it ought to be listed before the same Hon’ble Judge.

19. This application had come up before this Bench first on 10th January, 2019, when no such request was made, though in para 1 of the order, it was observed that considering the nature of the application, it was not required to be listed before the same Judge.

20. The defenda

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nts, on finding my view to be against them, are now changing their stand, in an attempt at bench hopping. 21. Counsel for the plaintiff also points out, that in the reply filed to this application also, it has not been stated that the application is in the nature of review, as is now being contended. 22. Be that as it may, since the senior counsel for the defendants insists, let IA No.187/2019 be listed before the same Hon’ble Judge who passed the order dated 5th October, 2018. 23. Subject to orders of Hon’ble the Chief Justice, list before Hon’ble Mr. Justice Yogesh Khanna on 2nd April, 2019.
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