Supreme Court: In a Special Leave Petition under Article 136 of the Constitution of India by Hero Investcorp challenging the order passed by the Delhi High Court in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 4673, the Bench of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. dismissed the same without interference.
The Court granted liberty to Hero Investcorp to raise all the objections, including those raised in the SLP, after the appeal was finally disposed of.
In its order dated 4-08-2023 passed by the Delhi High Court in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 4673, which was challenged in the instant matter, The Division Bench was dealing with the challenge against dismissal of rectification moved by V.R. Holdings, referrable to Section 57 of the Trade Marks Act, 1999.
The Delhi High Court Division Bench noted the fact that not only the arbitration proceedings, but several other rectification petitions were pending before the Court whose subject of contestation of proceedings was rights of parties asserted to flow from competing interpretations of the FSA and TMNA. While observing that stay on impugned decision in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 1380 would neither revive cancellation petition nor adversely impact the subsisting registration of trade mark in favour of Hero Investcorp, to balance interests of parties and ensure adverse impact of the decision till the examination of appeal, the Court found passing of interim directions as appropriate and rejected the contention of VR Holdings being estopped from seeking interim protection. Thus, the Court had stayed order dated 6-03-2023 in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 1380.
[Hero Investcorp Pvt. Ltd. v. V.R. Holdings, Special Leave Petition (Civil) Diary No. 46199 of 2023, Order dated 12-01-2024]
Advocates who appeared in this case :
For Petitioner: Senior Advocate Mukul Rohatgi, Senior Advocate A.M. Singhvi, Senior Advocate Karan Luthra, Advocate Mahesh Agarwal, Advocate Rishi Agrawala, Advocate Ankur Saigal, Advocate Sarvana Niranjan, Advocate Ankit Banati, Advocate Shubham Kulshreshtha, Advocate on Record E.C. Agrawala
For Respondent: Senior Advocate Kapil Sibal, Senior Advocate Akhil Sibal, Advocate Ankur Sangal, Advocate Pragya Mishra, Advocate Amrit Sharma, Advocate Kiratraj Sardana; Advocate on Record Khaitan & Co.
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