DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Black Diamond Trackparts Pvt. Ltd. – Appellant
Versus
Black Diamond Motors Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. constitutional petitions clubbed for common legal questions. (Para 1 , 2 , 3) |
| 2. maintainability of article 227 petitions. (Para 6 , 10 , 14) |
| 3. order relevance and jurisdiction concerning order vii. (Para 15 , 20 , 30) |
| 4. final disposal includes returning plaints. (Para 18 , 21) |
| 5. clarification on procedure for petitions under article 227. (Para 32 , 34) |
JUDGMENT
Rajiv Sahai Endlaw, J.
[VIA VIDEO CONFERENCING]
1. These two petitions, both under Article 227 of the Constitution of India, though unrelated to each other, on merits or qua parties, were clubbed together for the reason of entailing certain common questions of law.
2. CM(M) No.132/2021 was filed, impugning the order dated 25th September, 2021 of the District Judge (Commercial)-01, South District, Saket Courts, New Delhi in CS(COMM) No.184/2020, of dismissal of the application of the petitioners/defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The said suit was filed by the respondent/plaintiff for permanent injunction, to restrain the petitioners/defendants from passing off their goods as that of the respondent/plaintiff and for ancillary reliefs. The petitioners/defendants app
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