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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Phenomenon Agents Ltd. and Another – Petitioners
Vs.
Powereye Electronics and Another – Respondents
C.M. (M) No. 599 of 2022
Decided On : 15-06-2022
Exemption - Service of Notice - Trademark and Copyright Act - The court allowed exemptions from serving advance notice on respondents and granted exemptions subject to the petitioners filing certified, clearer, and translated copies within four weeks. The court also directed the trial court to take up the matter at an early date for consideration.
Fact of the Case:
The petition impugned an order that adjourned a matter related to a fresh suit under the Trademark and Copyright Act for consideration on a later date.
Finding of the Court:
The court found no reason to interfere in the order as the trial court had not adjudicated upon the rights of the parties and had only adjourned the matter. The court directed the trial court to take up the matter at an early date for consideration.
Issues: Exemption from service of notice, interference in the impugned order, direction to the trial court for early consideration.
Ratio Decidendi: The court's decision was based on the lack of adjudication by the trial court and the need for early consideration of the matter due to pending applications for interim injunction and appointment of a Local Commissioner.
Final Decision: The present petition was disposed of along with pending applications.
JUDGMENT :
Jyoti Singh, J.
CM Appl. No. 28421/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM Appl. No. 28422/2022 (exemption from service to Respondents)
3. Since there is anurgency in the matter and the matter is being heard today, Petitioners are exempted from serving advance notice on Respondents.
4. For the reasons stated in the application, the same is allowed and disposed of.
CM Appl. No. 28423/2022 (exemption)
5. Subject to the Petitioners filing certified, clearer and translated copies, which it may seek to place reliance on, within four weeks from today, exemption is granted.
6. Application is allowed and disposed of.
CM (M) No. 599/2022 & CM Appl. No. 28424-28425/2022
7. Present petition impugns the order dated 07.06.2022, which for ready reference is extracted hereunder:
8. This Court does not find any reason to interfere in the order as the Trial Court has not adjudicated upon the rights of the parties and has only adjourned the matter for consideration on 27.07.2022.
9. No interference is called for in the impugned order.
10. At this stage, learned counsel appearing on behalf of the Petitioners submits that it would suffice if the Trial Court is directed to take up the matter at an early date, since Petitioners have filed applications under Order 39 Rules 1 and 2 CPC seeking interim injunction and appointment of a Local Commissioner.
11. The Court finds merit in this submission of the learned counsel appearing on behalf of the Petitioners and accordingly, the Trial Court is requested to take up the matter on 04.07.2022, for consideration.
12. It is made clear that this Court has not expressed any opinion on the merits of the case.
13. Accordingly, the present petition is disposed of along with pending applications.
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