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2022 Supreme(Del) 1950

NAVIN CHAWLA
3M Company – Appellant
Versus
Vikas Sinha – Respondent


Advocates appeared:
Peeyoosh Kalra, Amol Dixit, Rohan J.Kapoor, Advocates, for the Petitioner.
Rohit Gandhi & Hargun Singh Kalra, Advocates, for the Defendants.

JUDGMENT

Navin Chawla, J.

O.A.No.17/2022

1. By this appeal, the defendants/appellants are challenging the order dated 21.03.2022 passed by the learned Joint Registrar (Judicial) in I.A. No. 16400 of 2019 dismissing the said application filed by the defendants/appellants, seeking condonation of delay in filing of the written statement.

Factual Background

2. Before adverting to the submissions made by the learned counsels for the parties, certain important dates would need reference to:

2.1. This Court, vide its order dated 19.03.2019, was pleased to issue summons to the defendants in the suit, while granting an ad-interim injunction in favour of the plaintiff restraining the defendants from using the plaintiff's trade/service marks/name and/or any mark deceptively similar thereto. This Court was also pleased to appoint Local Commissioner(s) to visit the premises of the defendants and carry out the mandate of the commission as given in the said ad-interim order.

2.2. The Local Commissioner(s) executed the commission on 27.03.2019.

2.3. The defendant nos. 1 and 2 were formally served with the summons on 22.04.2019, while the defendant no. 3 was served with the summons on 23.04.2019.

2.

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