Case Title: M/S Rana Steels v. M/S Ran India Steels Pvt. Ltd
A single bench of Justice Prathiba M Singh of Delhi High Court imposed a cost of Rs 10 lakh on a manufacturing company for non-prosecution of its suit for over 8 years.
Justice observed that the suit was 15 years old and 10 years have elapsed since the order passed by the division bench.
“Considering that this is a commercial trademark matter and substantial time, man power and costs have been incurred by the Defendant, and substantial judicial time has also been expended in this matter, for the last 15 years and over ten years have elapsed since the passing of the Division Bench’s order, costs ought to be paid”.
The background of the case:
The suit was filed in the year 2007 by Rana Steels against the Ran India Steels for using the mark ‘Rana’. After which the appeal was preferred, and it is agreed by the company that Ran India Steels could sell their products under ‘RanIndia’ mark as one word.
However, the company Rana Steels then accused the Ran India Steels that, despite the injunction order, the Ran India Steels of selling steel stock weighing approximately 3,000 MT under mark ‘Rana TOR’.
After which, the matter was left to be considered by the single bench judge.
The bench said that there was no reason for the plaintiff to keep the matter pending, since the substantive issue have already been settled between the parties.
The counsel appearing on behalf of the Rana Steels discharged himself from the case on the ground that they have not receiving any instructions from the client.
After which, the bench dismissed the suit pending before the court and imposed a cost of Rs 10 Lakh to the plaintiff.
“In this background, the Court does not deem it necessary to keep the suit pending. The Plaintiff does not appear to have any interest in pursuing the present suit as it has not given instructions to the ld. Counse
“The suit is dismissed for non-prosecution in the above terms”.