Appearing On VC From Moving Vehicle Unacceptable, Undermines Formalities Of Judicial Process: Delhi High Court

The Delhi High Court has recently expressed displeasure with a lawyer who joined court proceedings through virtual conferencing mode in a moving vehicle, observing that such appearance “undermines the formalities of judicial process.”

Justice Sanjeev Narula was hearing a commercial suit in which the defendant's counsel joined the proceedings through a video conferencing mechanism from a moving vehicle.

The court said that while advancement in technologies is acknowledged, it is important to maintain decorum which the judicial process demands.

“While we acknowledge the advancements in technologies that allow for greater facilities and ease in legal representation in court proceedings, it is imperative to maintain the decorum and solemnity that the judicial process demands,” the court said.

It added: “Therefore, such appearance in a moving vehicle undermines the formalities of judicial process and is unacceptable.”

The suit was filed by a pharmaceutical company. Glaxo Group Limited, in 2019 against Anglo-French Drugs and Industries Limited and Sai Tech Medicare Private Limited.

Glaxo sought to permanently restrain the defendant entities from infringing its registered trademark “Augmentin” which has been used since 1979 for anti-infective Amoxycilin Potassium Clavulanate tablets manufactured by it.

The suit alleged that the defendants were manufacturing drugs using marks that were identical and deceptively similar to Glaxo's marks 'AUGMENTIN' and 'AUGMENTIN DUO'.

In June 2019, an ad-interim injunction was granted in favour of Glaxo by a coordinate bench. In August 2022, Sai Tech proceeded ex-parte and thus, the suit continued only against Anglo-French Drugs and Industries.

A settlement agreement was entered between Glaxo and Anglo-French Drugs and Industries last year wherein the latter acknowledged the former's rights in marks 'AUGMENTIN' and 'AUGMENTIN DUO' as well as Glaxo's green and white packaging.

While the suit was decreed in September last year, the coordinate bench had directed Anglo-French Drugs and Industries to supply a TDS certificate to Glaxo's counsel by October 15, 2023.

On the said date, the matter was adjourned to February 15 due to the non-availability of Glaxo's counsel. The matter will now be heard tomorrow.