Disposed

Central Park Estates Pvt. Ltd. & Ors. & Ors. v. Samvara Buildtech Private Limited & Anr. & Ors.

Delhi HC18 Sept 2024FAO(OS) (COMM)/119/2023

Case brief

AI extract

What is this about?

The Division Bench dismissed the appeal filed by Central Park Estates against a Single Judge order. The court observed that the respondents ceased using the impugned mark and filed an affidavit of compliance, finding no justification to continue the appeal.

What did the court decide?

Appeal disposed of and questions of law kept open while reserving liberty to the respondents.

Central Park Estates Pvt. Ltd. & Ors. & Ors… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~15

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

FAO(OS) (COMM) 119/2023, CM APPL. 30635/2023 (Stay), CM APPL. 47317/2023 (Delay of 25 days in filing of reply)

¶4

CENTRAL PARK ESTATES PVT. LTD. & ORS. .....Appellants

¶5

Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Neeraj Yadav, Ms. Shreya Sethi & Mr. Dushyant Upadhyay, Advs.

¶6

versus

¶7

SAMVARA BUILDTECH PRIVATE LIMITED & ANR. & ORS. .....Respondents Through: Mr. Neeraj Malhotra, Sr. Adv. with Mr. Shantanu Malik, Mr. Abhishek Praharaj, Mr. Nimesh Kr. Gupta & Ms. Sukriti Verma, Advs.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 01.10.2024

¶10

We take note of our order of 07 July 2023 and which reads as under:

¶11

“On a reading of Paras 14 and 25 of the order impugned here, it appears that directions have been issued by the learned Single Judge requiring the respondents to modify pictorially as well as the font presentation the word “Central Park” as appearing on the banner heading of their project. The aforesaid exercise is yet to be completed by the respondents.

¶12

In order for this Court to have an opportunity to examine the pictorial modifications which are proposed, let this matter be called again on 27.07.2023.”

¶13

2. Pursuant to the aforesaid, an Affidavit of Compliance has been

¶14

This is a digitally signed order.

¶15

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 04/10/2024 at 11:48:53

¶16

filed by the respondents and with which a pictorial representation of the mark that they propose to use has been placed on the record. We are further informed that the respondents are no longer using the mark “ Central Park ”.

¶17

In view of the aforesaid, and in case even if they were to choose to adopt that mark in the future, it would have to be compliant with the orders dated 10 March 2017 and 29 March 2023 which had been passed by the learned Judge in the pending suit, we find no justification to continue this appeal.

¶18

While reserving liberty to the respondents to take such steps in case need so arises, and keeping all questions of law which were sought to be addressed on the appeal open, we dispose of the appeal.

¶19

YASHWANT VARMA, J.

¶20

RAVINDER DUDEJA, J.

¶21

OCTOBER 1, 2024/ kk

¶22

This is a digitally signed order.

¶23

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 04/10/2024 at 11:48:53

Central Park Estates Pvt. Ltd. & Ors. & Ors. v. Samvara Buildtech Private Limited & Anr. & Ors.

Case brief

What is this about?

What did the court decide?

Central Park Estates Pvt. Ltd. & Ors. & Ors. v. Samvara Buildtech Private Limited & Anr. & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rollz India Waste Management Pvt. Ltd. Vs Pan India Infra Projects Pvt. Ltd.

Sakshi Markfin Private Limited Vs Commissioner of Delhi Goods and Services Tax and Anr.

Shade Capital Private Limited Vs Commissioner Delhi GST & Anr.

M/S Delhi Enterprises Vs the Commissioner of Sgst Delhi & Ors.

Kamaljeet Singh Vs Dharam Pal Singh Bhatia

Esskcon Vs the Principal Commissioner of Delhi Goods and Service Tax & Anr.