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C. HARI SHANKAR
LT Foods Limited – Appellant
Versus
Saraswati Trading Company – Respondent
JUDGMENT :
I.A. 1516/2023 (Order IX Rule 13 of the CPC) in CS(COMM) 413/2021
1. The plaintiff LT Foods Limited instituted the present suit against the defendant Saraswati Trading Company alleging infringement, by the defendant, of trademarks in which the plaintiff held registration, more particularly in respect of the Marks “DAWAT/DAAWAT”. The plaintiff also claimed copyright in the pictorial form of the said mark. Accordingly, the plaintiff sought a decree of injunction against the defendant from using the impugned marks or manufacturing or clearing its product in packing, the trade dress of which was similar to that of the plaintiff.
2. Along with the plaint, the plaintiff filed I.A. 11320/2021 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim reliefs.
3. On 7th September 2021, a co-ordinate Bench of this Court issued summons in the suit. Holding that the plaintiff had made out a prima facie case of infringement and passing off, the Court also granted ex prate ad interim injunction in favour of the plaintiff and against the defendant.
4. The defendant was, thereby, restrained from manufacturing, selling, distributing, producing, advertising, pr
The court established that improper service of summons, particularly when the defendant is expected to return shortly, invalidates an ex parte decree, necessitating its setting aside.
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
The main legal point established in the judgment is the significance of proper service of summons and the defendant's right to set aside an ex-parte decree by presenting a satisfactory reason in cour....
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
Non-issuance of summons via mandatory ordinary process, absent exemption or plaintiffs' request for registered post, renders ex-parte decree vulnerable; lower courts' failure to consider this suspect....
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