I.A. 4344/2015 (by the defendant u/O IX R 13 CPC)

1. The present application has been filed by the defendant praying inter alia for setting aside the ex-parte judgment and decree dated 30.4.2013.

2. Before referring to the arguments advanced by the learned counsel for defendant, it is considered necessary to narrate the sequence of dates and events that had led to the passing of the ex-parte judgment and decree dated 30.4.2013.

3. The Plaintiff company, Satya Infrastructure Ltd. which is in the business of real estate and has built a large number of commercial and residential complexes all over India, has instituted the present suit for permanent injunction, for restraining the defendant, “Satya Builders (P) Ltd.” from infringement of its registered trademark, “Satya” which also appears to be its housemark since the year 1986.

4. As per the records, summons were issued in the suit on 28.2.2011, returnable on 12.8.2011. On the same date, an exparte ad-interim injunction order was passed restraining the defendant from using the mark “Satya” or any other trademark/trading name containing the trademark “Satya” or any of the composite marks of the plaintiff containing the mark, “