JUDGMENT :

MANOJ KUMAR OHRI, J.

I.A. No. 9702/2020 (Under Order IX Rule 13 CPC by the Defendant) and I.A. No. 9703/2020 (Condonation of Delay of 582 days in filing I.A. No. 9702/2020 by the Defendant)

1. The present applications have been preferred by the defendant through its proprietor - Pooja Sharma seeking setting aside of the ex-parte judgment and decree dated 01.02.2019 as well as for seeking condonation of delay of 582 days in filing the application.

2. Briefly, the present suit was filed for permanent injunction restraining infringement and passing off of trademark, copyright, damages, delivery up etc. In the plaint, it was averred that the plaintiffs’ predecessor had started the business of selling sweets in the year 1912 and the trademark/label HIRA SWEETS was conceived and adopted by the plaintiffs’ predecessor in the year 1960. It was also averred that the plaintiff No. 1 was the registered proprietor of the original artistic work HIRA SWEETS and it became the registered proprietor of the mark and device HIRA SWEETS under Classes 29, 30, 32 and 43 of the Trade Marks Act, 1999 in 2016. The defendant was served with the summons in suit and after availing various opportunities