MAX HEALTHCARE INSTITUTE LTD. Vs. MAX 24X7 MEDICOS

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition, which is now numbered as CM (M)-IPD 8/2022, was filed challenging the order dtd. 24/3/2021, in CS(COMM) 291/19 titled Max Healthcare Institute Ltd. v. M/s Max 24X7 Medicos, passed by the Ld. District Judge (Commercial Court)-02, South-East District, Saket, Delhi (hereinafter "Commercial Court"), by which the application under Order XXXIX Rule 2A CPC was filed by the Plaintiff/Petitioner (hereinafter "Plaintiff"), was re-notified and the Commercial Court permitted the Defendants/Respondents (hereinafter "Defendants") to tender an unconditional apology and undertaking within 7 days, so that contempt is not repeated.

(3.) The present petition arises out of a suit filed by the Plaintiff seeking a permanent injunction against the Defendants from using the trading style 'MAX 24X7 MEDICOS' for the chemist shops. CS(COMM) 291/19 had been filed seeking permanent injunction restraining use of the Plaintiff's trade mark 'MAX' by the Defendants under the name 'MAX 24X7 MEDICOS'. The Plaintiff is the registered proprietors of the mark 'MAX'. Vide order dtd. 6/6/2019, the Defendants were restrained in the following terms by the Commercial Court: