ASHA MENON
Parveen Kumar Gupta – Appellant
Versus
Ravi Chadha – Respondent
JUDGMENT :
[Via Video Conferencing]
1. This petition has been filed under Article 227 of the Constitution of India seeking an order to quash and set aside the impugned order dated 6th April, 2021 passed by the learned ADJ-02, Central Delhi, Tis Hazari Courts, Delhi; allow the application under Section 5 of the Limitation Act, 1963 dated 30th December, 2020 filed by the petitioner; and, further allow the Review Petition under Section 114 of the Code of Civil Procedure, 1908 (“CPC”, for short) dated 22nd January, 2018 filed by the petitioner in Suit bearing CS No.312/2015, titled “Parveen Kumar Gupta v. Mr. Ravi Chadha & Ors.”, pending before the learned Trial Court.
2. The petitioner is aggrieved on account of the fact that his suit, which he had filed against the defendants for infringement of his proprietary trade mark “RACER” as also passing off their goods as that of the petitioner and other reliefs, was stayed by the learned Trial Court vide order dated 6th March, 2017. This order, he challenged, by way of CM (M) 737/2017, which was disposed of vide order dated 6th December, 2017 permitting the petitioner to withdraw that petition and granting liberty to approach the Tribunal (sic
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