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C. HARI SHANKAR
Atcom Technology Co. Ltd. – Appellant
Versus
Rahul Gupta – Respondent
JUDGMENT (Oral)
1. This petition under Article 227 of the Constitution of India assails order dated 4th July 2022, whereby the learned District Judge (Commercial Court) (`the learned Commercial Court') allowed an application dated 24th November 2021 filed by the respondents, as the defendants before the learned Commercial Court, to take certain documents, filed by the defendants on 17th August 2021.
2. The proceedings arose out of CS (Comm) 179/2020 instituted by the petitioner against the respondents, alleging that the respondents were infringing the copyright held by the petitioner in the logo [IMG] and were also passing off their product as the product of the petitioner. Injunctive reliefs were, therefore, sought in the plaint. As this court is concerned only with the issue of whether the decision of the learned Commercial Court, to permit the additional documents filed by the respondents to be taken on record merits interference under Article 227 of the Constitution of India, it is not necessary to advert any further to the merits of the substantive disputes between the parties.
3. Summons, in the suit instituted by the petitioner, were served on the respondent on 10th Novem
The main legal point established in the judgment is that the scope of Article 227 does not warrant interference with the impugned order, and that the Original Side Rules do not apply to the case.
The judgment emphasized the mandatory nature of the 120-day limitation for filing a written statement and the lack of discretion for condonation of delay, as supported by relevant legal provisions an....
The court's exercise of supervisory jurisdiction under Article 227 of the Constitution of India and the finding that the existence and relevance of the invoices were not in dispute, and the defendant....
The court's jurisdiction under Article 227 is supervisory, allowing for discretion in permitting late defenses under mitigating circumstances, without the ability to substitute the lower court's deci....
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
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