S-25

IN THE HIGH COURT OF DELHI AT NEW DELHI

CS(COMM) 218/2023, I.A. 6930/2023, ILA. 6931/2023, I.A.
6932/2023, I.A. 6933/2023, L.A. 6934/2023, I.A. 6935/2023,
L.A. 6936/2023 & I.A. 6937/2023

VIKAS PUBLISHING HOUSE PVT. LTD. Plaintiff

Through: Mr. Ashutosh Kumar, Mr.
Vinod Chauhan and Mr. Swarnil Day, Advs.
versus

RAJLUXMI PUBLICATIONS & ORS. Defendants

Through:
CORAM:
HON'BLEMR. JUSTICE C.HARI SHANKAR
ORDER
% 17.04.2023

1. The plaintiff is a subsidiary of M/s S Chand &Co. Ltd, which is

engaged in printing, publishing and selling of educational books and
other similar products. The plaintiff is the proprietor of the registered
trademark "GUNJAN".

2. Under the trademark GUNJAN, in vernacular, i.e. oH, the

plaintiff has been printing and selling Hindi textbooks for children
studying from the 1 class to 8h class, as per the curriculum of the
Central Board of Secondary Education (CBSE). These books are
printed and sold under the "Madhubun Educational Books" division of
the plaintiff.

3 The plaintiff has been printing and selling textbooks under the
.uT mark since 24th June 2003.

4. Defendant 2 is aprivate limited company incorporated on 14

CS(COMM) 218/2023 Page 1 of 9
April 2004, situated at Meerut. Defendants 1and 2 are engaged in
publishing and marketing textbooks for 1 to 8 class, as per the
CBSE curriculum, under the mark [-", in vernacular.

5 Defendant 3 is a division of Defendant 2, located at the address

of Defendant 2. Defendant 4 is the director of Defendant 2 and
proprietor of Defendant 1.

6. The plaintiff is aggrieved by the fact that the defendants are

adopting the very same mark under which the plaintiff is printing and
selling its textbooks i.e. ". The plaint also provides a
comparative portrayal of the covers of the plaintiff and defendants
textbooks, so as to underscore the similarity therein, thus:

Book of Plaintiff Book of Defendant

NEP ASTERSTROK
NER

7. The plaintiff, in the circumstances, sent a notice on 30th

December 2022 to the defendants, calling on them to cease and desist

from printing and publishing textbooks under the impugned u
mark. In its reply dated 14th January 2023, Defendant 2 acknowledged
CS(COMM) 218/2023 Page 2 of9
OWnership of the plaintiff over the said trademark and also pleaded
that they had been using the j " mark in ignorance of the fact that
the plaintiffwas the registered proprictor thereof. The response clearly
stated that the defendants would not infringe the plaintiffs registered
trademark in future.

8. Despite this, alleges the plaint, Defendant 1 has flooded the

market with textbooks bearing the impugned j trademark and

that the said books are even available within the territorial jurisdiction
of this Court.

9. In these circumstances, the plaintiff has approached this Court

by means of the present suit, seeking, essentially, an injunction against
the defendant using the impugned mark in respect of textbooks
for school children, apart from associated reliefs of delivery up,
rendition of accounts, costs and damages.

10. Aprima facie case of infringement and passing off is made out.

11. In the circumstances, let the plaint be registered as a suit.

12. Issue summons in the suit.

13. Written statement, accompanied by affidavit of

admission/denial of the documents filed by the plaintiff be filed within
30 days with advance copy to learned Counsel for the plaintiff who
may file replication thereto, accompanied by affidavit of
admission/denial of the documents filed by the defendant within 30
days thereof.

CS(COMM) 218/2023 Page 3 of9

14. List before the learmed Joint Registrar(Judicial) for completion
Ofpleadings, admission and denial of the documents and marking of
2023, whereafter the matter would be placed
exhibits on 22nd May
before the Court for case management hearing and further
proceedings.

L.A, 6930/2023 (under Order XXXIX Rules I and 2 of the CPC)

XXXIX
15. This is an application by the plaintiff under Order
Rules 1and 2 of the Code of Civil Procedure, 1908 (CPC) seeking
interlocutory injunctive reliefs.

16. A prima facie case of infringement is made out against the

defendants and in favour of the plaintiff, especially in view of the
communication dated 14h January 2023 from Defendant 2 to the
plaintiff in which the plaintiff's proprietorship over the mark
"GUNJAN" was acknowledged, and the defendant also undertook not
to continue to use the said mark which, it was pleaded, was being
done in ignorance.

17. Where a prima facie case of infringement and passing off is

made out, the Supreme Court in Midas Hygiene Industries P. Ltd. v.
Sudhir Bhatia'and Laxmikant V. Patel v. Chetanbhai Shah² has held
that an injunction must follow, if necessary, with the appointment of a
Local Commissioner.

18. In that view of the matter, issue notice, returnable on 10h July
2023.

1(2004) 3 SCC 90
22002 3 SCC 65
CS(COMM) 218/2023 Page 4 of9
19, Reply, if any, be filed within four weeks with advance copy to
learned Counsel for the plaintiff who may file rejoinder thereto within
four weeks thereof.

20. List before the Court on 10th July 2023.

21. Tillthe next date of hearing, the defendants, as well as all others
acting on their behalf, shall stand restrained from using the mark
"GUNJAN" either in English or in vernacular (*"J-) or any other
mark or name which is identical or deceptively similar to the
plaintiff's registered trademark, in relation to textbooks or other
educational material or any other goods which are allied or cognate
thereof.

22. Compliance with Order XXXIX Rule 3beundertaken as per the

directions which are to follow.

LA. 6932/2023 (under Order XXVI Rule 9 of the CPC)

23. By this application, the plaintiff seeks appointment of a local
Commissioner to visit the premises of Defendant at 513, Rajluxmi
Estate, Mohkampur Industrial Area Phase-II, Delhi Road, Meerut U.P.
250103 and to inventorise and seize any material which may contain
the infringing mark.

24. The facts of the case justify the request.

25. Assuch, this Court appoints Ms. Debby Jain, Advocate (Mob.
9958665370) as the local Commissioner to visit the premises of
Defendant at 513, Rajluxmi Estate, Mohkampur Industrial Area
CS(COMM) 218/2023 Page 5 ofr9
Phase-I, Delhi Road. Meerut UP.- 250103. The leamed local
Commissioner shall inventorise and seize any material, found in the
the notice of
Said premises, or any other premises which may come to
execution of
the learned local Commissioner during the course of the
in English
the commission, bearing the impugned mark "GUNJAN
which may
Or in vernacular, as well as all materials, equipments etc.
be present in the premises or used in printing the impugned mark.

26. The said material shall be inventorised and handed over to the
defendants under superdarinama for safe custody.

27. The commission shall be executed on 24th April 2023 at 1la.m.,

with needless to say without any notice to the defendants.

28. The learned local Commissioner shall execute the commission

peacefully without unnecessarily disturbing the legitimate business
activities of the defendants. The defendants are also directed to
cooperate in execution of the commission. The proceedings of the
commission shall be video-graphed so as to ensure this Court that the
execution has not been hindered in any manner.

29. Nonetheless, should the need arise, the learned Local

Commissioner shall be at liberty to seek the assistance of the
jurisdictional SHO/police authorities, to maintain security during the
course of the execution. In this even, this order shall operate as a
mandamus tothe jurisdictional police authorities for the said purpose.
Should it become absolutely necessary to force entry into any
premises to execute the commission, the learned Local Commissioner
would be empowered to do so.

CS(COMM) 218/2023 Page 6 of9

30. The learned Local Commissioner shall file a report of the
execution of the commission within a week thereof.

31. The Registry is directed not to upload this order on the website
of this Court till the report is filed by the learned Local Commissioner.

32. The learned Local Commissioner shall be entitled to a

consolidated fee of 1lakh apart from to and fro and other incidental
expenses as actual. The fee shall be payable in advance of the
execution of the Commission.

33. Time for compliance with Order XXXIX Rule 3 of the CPC
shall stand reckoned from the filing by the learned Local
Commissioner of the report regarding the execution of the
commission before this Court.

34. The leamed local Commissioner shall also take copies of all the
accounts and other records of the defendants. If the records are in

electronic form, the defendants shall assist in providing copies thereof

to the learned local Commissioner including, inter alia, by providing
any passwords or other information that may be necessary in that
regard.

35. The plaintiff is entitled to depute one person to accompany the

localCommissioner to assist in execution of the commission.

LA. 6931/2023 (under Section 151 of the CPC)

36. For the reasons stated in the application, the plaintiff is
exempted from the requirement of serving an advance notice on the
defendants.
CS(COMM) 218/2023 Page 7 of9
 37. This application stands allowed accordingly.

Courtis Act,
LA, 6933/2023 (under Section 124 of the Commercial
2015)
Court in
38. Inview of the judgment of the Division Bench of this
Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltdt,
exemption is granted from the requirement of pre-institution
mediation under Section 12A of the CommercialCourts Act, 2015.

39. The application stands allowed accordingly.

LA. 6934/2023 (under Order XI Rule 1(4) of theCPC)

40. By this application, the plaintiff seeks permission to file
additional documents.

41. The plaintiff is permitted to place additional documents on

record in accordance with Order XI Rule 1(4) of the Code of Civil
Procedure, 1908 (CPC) as amended by the Commercial Courts Act
within 30 days from today.

42. The application stands disposed of accordingly.

LA, 693S/2023(under Section 151 ofCPC)

43. Subject to the plaintiff filing legible copies of any dim or
illegible ocuments on which it may seek to place reliance within four
weeks from today, exemption is granted for the present.

44. The application is disposed of.

3 2022 SCCOnLine Del 3529
CS(COMM) 218/2023 Page 8 of9
LA, 6936/2023 (under Section 151 of the CPC)
45. Exemption is granted for the present subject to the plaintif
filing documents in separate volumes.

46. The application is disposed of.

ILA. 6937/2023 (under Section 151 of the CPC)

47. Exemption is granted for the present subject to the plaintiff
filing translated copies of the documents on which it seeks to place
reliance within four weeks from today.

C.HARISHANKAR, J
APRIL 17, 2023
ar
OF

NEW DELHL

CS(COMM) 218/2023 Page 9 of9