STANVAC CHEMICALS INDIA LTD Vs. SACHIN PANDEY

JUDGEMENT

(1.) This is an application by the plaintiff under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC) alleging disobedience, by the defendant, of the order dtd. 1/6/2023, passed by this Court in IA 11015/2023 in CS (COMM) 386/2023. The injunction granted in the said order is in the following terms:

(2.) Mr. Biala, learned Counsel for the plaintiff has sought to support his plea of disobedience, by the defendant, of the injunction granted by this Court on the basis of two documents, shown to the Court during hearing. These are (i) two purchase orders dtd. 6/6/2023 and 7/6/2023, placed on the defendant by the Central Railway, whereby the Central Railway has, against the bid dtd. 23/5/2023 of the defendant, ordered 415 contact cleaners of the make "Stanvac Chemicals" and (ii) the webpages of the defendant's website which contains links marked "Get Technical Data Sheet" which, if clicked, take one to a page which provides a Technical Data Sheet for "3001 Super Penetrant", with the marks <IMG>JUDGEMENT_156_LAWS(DLH)7_2023_2.jpg</IMG> and <IMG>JUDGEMENT_156_LAWS(DLH)7_2023_3.jpg</IMG> figuring at the top of the page.

(3.) Mr. Avishkar Singhvi, learned Counsel for the defendant submits that, after passing of the injunction order, there has been no reply or dealing by the plaintiff in any goods bearing the marks which stand injuncted by para 20 of the order dtd. 1/6/2023.