This order addresses the withdrawal of a trademark infringement suit and a claim for litigation expenses. The Court allowed the withdrawal and dismissed the request for costs against the plaintiff.
Withdrawal of suit allowed; claim for litigation expenses by defendant dismissed.
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$~27
DOLPHIN MART PRIVATE LIMITED ..... Plaintiff
Through: Ms. Anuradha Salhotra, Mr. Sumit Wadhwa, Ms. Sharka Vijh, Advocates.
versus
AVENUE SUPERMARTS LIMITED & ANR. .....Defendants
Through: Mr. Guruswamy Nataraj, Mr. Shashikant Yadav and Mr. Rahul, Advocates.
CORAM: HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R % 10.05.2024
I.A. 10718/2024 ( Application of withdrawal of suit )
I.A. 10719/2024 ( Condonation of delay )
This is a digitally signed order.
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 14/05/2024 at 19:59:41
and delay of 18 days is condoned.
I.A. 1842/2024 ( Application seeking recompense of expenses incurred by defendant no.1 in pursuance of the present litigation ).
This is a digitally signed order.
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 14/05/2024 at 19:59:41
suit, however, has proceeded ahead and costs were imposed vide order dated 27th September, 2023 and there was a closure of right to file and lead evidence vide order dated 15th December, 2023.
This is a digitally signed order.
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 14/05/2024 at 19:59:41
ANISH DAYAL, J
MAY 10, 2024/RK
Click here to check corrigendum, if any
This is a digitally signed order. 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 14/05/2024 at 19:59:41
2 issues framed by the court
Whether costs should be awarded against a plaintiff who withdraws a suit after the defendant has incurred litigation expenses.
Whether the claim for litigation expenses by the defendant is tenable when the plaintiff withdraws the suit.
3 provisions across 2 enactments
Dolphin Mart Private Limited
Avenue Supermarts Limited
Anish Dayal
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
