JUDGMENT

Amit Bansal, J. (Oral)

I.A. 9041/2023 (u/S 151 of the CPC r/w O-IX R-7 of the CPC)

1. The present application has been filed on behalf of the defendant under Section 151 read with Order IX Rule 7 of the Code of Civil Procedure, 1908 (CPC).

2. Despite service, none appeared on behalf of the defendant and hence, the defendant was proceeded against ex parte on 15th September, 2022. Thereafter, on 12th October, 2022 the application for interim injunction filed on behalf of the plaintiff, under Order XXXIX Rules 1 and 2 of the CPC was allowed and an ex parte judgment was passed in favour of the plaintiff restraining the defendant from using the marks `NEW BALANCE' and `NB' in any manner including in relation to advertising of services or use as the defendant's corporate name, corporate logo or domain name.

3. Counsel for the defendant submits that the defendant could not appear on the hearing on 15th September, 2022 and 12th October, 2022 due to personal exigencies as he was occupied with the medical treatment of his uncle, who was suffering from cancer and who expired on 15th October, 2022. Subsequently, counsel appeared on behalf of the defendant on 23rd January, 2023. On 8t