JUDGMENT :

Jyoti Singh, J.

CM Appl. 49/2022 & 50/2022(exemptions)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

CM(M)-IPD 12/2022 & CM Appl. 46-48/2022

3. Petitioners herein were Plaintiffs before the learned Trial Court and Respondent herein was the Defendant. Parties are hereinafter being referred to as per their litigating status before this Court.

4. Petitioners filed suit bearing CS(COMM) 311/2021, seeking to restrain the Respondent from infringing and passing off Petitioners’ trademark “LUMAX” and device marks and and the same is pending adjudication before the learned Trial Court.

5. It is averred in the petition that the suit was listed on various dates before the learned Trial Court where, for one reason or the other, while summons were issued, applications filed under Order 39 Rules 1 and 2 CPC for ex parte ad interim injunction and under Order 26 Rule 9 read with Order 39 Rule 7 CPC for appointment of Local Commissioner were not being heard.

6. On 15.11.2021, which is one of the orders impugned before this Court, learned Trial Court issued summons and the matter was thereafter listed on 18.12.2021. Petitioners moved an application under Section 15