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2012 Supreme(Del) 1537

MANMOHAN SINGH
FLIGHT CENTRE TRAVELS P. LTD. – Appellant
Versus
RAHUL NATH – Respondent


Advocates Appeared:
Ms. Sneha Jain, Adv.
Mr. Rajiv Dutta, Sr. Adv. with Ms Ritu Bhall and Ms Misha, Advs. for D-3 and 4.

JUDGMENT

MANMOHAN SINGH, J.

1. By this order, I propose to decide the four applications filed by the defendants No.3 and 4, the details of which are as under:

a. I.A. No.9047/2011 filed by the defendant No.3 under Order IX, Rule 12 read with Section 151 CPC for setting aside ex-parte judgment and decree dated 10.09.2010.

b. I.A. No.9050/2011 filed by the defendant No.3 under Section 5 of the Limitation Act, 1963 read with Section 151 CPC for condonation of delay in filing the application under Order IX, Rule 13 CPC.

c. I.A. No.9048/2011 filed by the defendant No.4 under Order IX, Rule 12 read with Section 151 CPC for setting aside ex-parte judgment and decree dated 10.09.2010.

d. I.A. No.9055/2011 filed by the defendant No.4 under Section 5 of the Limitation Act, 1963 read with Section 151 CPC for condonation of delay in filing the application under Order IX, Rule 13 CPC.

2. The facts of the case are that the plaintiff filed the present suit for permanent injunction, restraining the defendants from infringing the trade mark of the plaintiff, passing off and rendition of accounts etc.

3. When the matter was listed first time before Court on 30.08.2005, the summons in the suit and not




























































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