The central legal point established in the judgment is the interpretation and application of the rules governing the filing of a written statement and an affidavit of admission and denial of documents, and the court's emphasis on upholding the defendant's right to contest the case within the framework of the rules.

JUDGMENT (Oral)

1. In somewhat convoluted circumstances, the precise issue that arises for consideration at this Court today is the ambit of the expression "where the summons is for appearance and for filing written statement", as employed in Rule 2(i)¹[2. Procedure when defendant appears.-If the defendant appears personally or through an Advocate before or on the day fixed for his appearance in the writ of summons:
(i) where the summons is for appearance and for filing written statement, the written statement shall not be taken on record, unless filed within 30 days of the date of such service or within the time provided by these Rules, the Code or the Commercial Courts Act, as applicable. An advance copy of the written statement, together with legible copies of all documents in possession and power of defendant, shall be served on plaintiff, and the written statement together with said documents shall not be accepted by the Registry, unless it contains an endorsement of service signed by such party or his Advocate. The written statement shall also contain a statement certifying authenticity of document(s) filed. Where copy(ies) of document(s) are filed, it shall be specified in the index as to in whose custody, power and control are the original(s) thereof. Service of summons for the purpose of this Rule shall only be deemed to be complete after inspection is provided by the Plaintiff, if such inspection is sought by an application moved within a period of 7 days from the receipt of first set of summons.] of Chapter 7 of the Delhi High Court (Original Side) Rules 2018 ("the Original Side Rules").

2. The facts in which this issue arises for consideration may briefly be noted.

3. Summons were issued by this Court, in the present suit instituted by the plaintiff, on 25th March 2021. Paras 5 and 6 of the order passed by the Court on the said date read thus:

"5. The plaint is registered as suit.

6. Upon filing of process fee, issue summons to the Defendant by all permissible modes. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the date of receipt of summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record."

Clearly, the direction of the Court was that the summons issued to the defendant were required to "state that the written statement shall be filed by the defendant within 30 days from date of receipt of summons".

4. Mr. Ritesh Chowdhary, learned Counsel for the defendant contends - and Ms. Swetasree Majumdar, learned Counsel for the plaintiff fairly does not contest the contention - that the summons received by the defendant read thus:

"IN THE HIGH COURT OF DELHI AT NEW DELHI (ORDINARY ORIGINAL CIVIL JURISDICTION)

I.A. NO. 4555/2021 IN CS(COMM.) No.146/2021 DRAFT

Khadi & Village Industries Commission....Plaintiff

Versus

Roopika Rastogi and Anr.....Defendant

To

Defendant:

1. Roopika Rastogi

Iwearkhadi

10, Rafi Ahmad Kidwai Nagar,

Eldeco Greens,

Gomti Nagar, Lucknow

Uttar Pradesh 226010

Email: iwearkhadil5@gmail.com

2. Dainty Indian Needle Work Export House LLP

10, Rafi Ahmad Kidwai Nagar,

Eldeco Greens,

Gomti Nagar, Lucknow UP 226010 IN

Also at:

13-A YMCA Building,

Rana Pratap Marg Hazratganj,

Near Danik Jagran Chauraha,

Lucknow, Uttar Pradesh 226001

Email: iwearkhadil5@gmail.com

Upon motion made unto this Court by Ms. Shwetasree Majumdar, Advocate, (Counsel for the Plaintiff) and UPON CONSIDERING the application (l.A. No.4555/2021) u/o 39 Rules 1 & 2 read with Section 151 CPC and after hearing the counsel for plaintiff on 25.03.2021 THIS COURT DOTH ORDER THAT till the next date of hearing Defendants, their partners, servants, representatives, agents and all others acting for and on their behalf are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly providing any kind of goods or services under the trademark/