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2020 Supreme(Del) 1009

NAVIN CHAWLA
Advance Magazine Publishers Inc – Appellant
Versus
Bombay Rayon Fashions Ltd – Respondent


Advocates Appeared:
Anuradha Salhotra, Advocate, Sumit Wadhwa, Advocate, Saugaat Khurana, Advocate, Mukul Kochhar, Advocate, Mamta Jha, Advocate

JUDGMENT

Navin Chawla, J. - This petition has been filed seeking transfer of the suit bearing TM No.16/2017 titled Advance Magazine Publishers INC vs. Bombay Rayon Fashions Ltd., from the Court of the learned Additional District Judge-5, (South-East), Saket to the Court of Sh.Sanjay Sharma-II, who is presently posted as the Additional Sessions Judge-3, Central, Tis Hazari Courts.

2. It is the case of the petitioner that the petitioner had filed the above suit seeking permanent injunction, infringement of trademark, passing off and damages against the respondents on 22.03.2017. By an order dated 04.12.2017 passed by the Supreme Court in SLP(C) No.32865/2017, it was directed that the suit be disposed of within a year from the date of the order. Recording of the evidence in the abovementioned suit was concluded on 17.12.2019.

3. Due to the outbreak of COVID-19 pandemic and the restricted functioning of the Courts, final arguments in the suit could not be addressed. The same commenced on 04.08.2020 and the petitioner concluded its arguments on 14.08.2020.

4. By a Notification dated 26.08.2020 issued by the Delhi High Court, Mr. Sanjay Sharma-II, who was hearing the suit, was transferred

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