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NAVIN CHAWLA
Mahesh Namkeen Pvt. Ltd. – Appellant
Versus
Om Prakash Nebhwani Trading As Mahesh Matar Namkeen – Respondent
JUDGMENT
Navin Chawla, J.
This petition has been heard through video conferencing.
CM APPL. 14406/2021 & 14407/2021 (Exemptions)
Allowed, subject to all just exceptions.
CM(M) 333/2021 & CM APPL. 14405/2021
1. This petition has been filed challenging the order dated 22.03.2021 passed by the learned District Judge (Commercial Court)- 02, Central, Tis Hazari Courts, New Delhi in Suit, being CS (Comm) 404/2021 by which the application filed by the petitioner under Sections 148 and 149 of the Code of Civil Procedure, 1908 (CPC), seeking extension of time to make compliance with the Order XXXIX Rule 3 of the CPC, as also seeking appointment of a Local Commissioner to visit and execute the commission at premises A-21, Khatri Nagar, Near RIICO Pulia, Sanganer, Jaipur-302029, has been rejected by the learned Trial Court.
2. As the Impugned Order has been passed ex parte with the defendant/respondent yet to appear before the learned Trial Court, I do not deem it necessary to give a notice of this petition to the respondent/defendant.
3. The above Suit has been filed by the petitioner inter alia praying for a decree of injunction claiming itself to be the proprietor of the trademark 'Mahesh'. The l
The main legal point established is that the appointment of a Local Commissioner should be at the correct address where the offending goods are stored to serve the purpose of the injunction.
The court affirmed that in cases of ex parte orders, subsequent factual discoveries warrant revisiting previous orders to ensure proper execution and uphold the efficacy of injunctions.
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