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2021 Supreme(Del) 479

RAJIV SAHAI ENDLAW, AMIT BANSAL
Black Diamond Trackparts Pvt. Ltd. – Appellant
Versus
Black Diamond Motors Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Praveen Chaturvedi.
For the Respondents: Mr. Amarjit Singh Chandhiok, Ms. Rohini Musa, Mr. Nipun Katyal, Mr. Rushab Aggarwal, Mr. Tejasvi Chaudhary.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. These two petitions, both under Article 227 of the Constitution of India, though unrelated to each other, on merits or qua parties, were clubbed together for the reason of entailing certain common questions of law.

2. CM (M) No. 132/2021 was filed, impugning the order dated 25th September, 2021 of the District Judge (Commercial)-01, South District, Saket Courts, New Delhi in CS (COMM) No. 184/2020, of dismissal of the application of the petitioners/defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The said suit was filed by the respondent/plaintiff for permanent injunction, to restrain the petitioners/defendants from passing off their goods as that of the respondent/plaintiff and for ancillary reliefs. The petitioners/defendants applied for rejection of the plaint in the said suit, on the ground of the Courts at Delhi not having territorial jurisdiction to entertain the suit and on the ground of the reliefs claimed in the suit being barred by res-judicata. Vide the impugned order, the said application was dismissed.

3. CM (M) No. 225/2021 was filed, impugning the order dated 29th January, 2021 of the District Judge (Comm

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