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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Sachin Jain – Appellant
Versus
Shree Gadia Engineering Works – Respondent
JUDGMENT
Rajiv Shakdher, J.: (ORAL)
CM No.42085/2021
1. Allowed, subject to just exceptions.
FAO (COMM) 187/2021
CM No.42086/2021 [Application filed on behalf of the appellant seeking ex-parte ad-interim injunction against the respondent]
CM No.42087/2021 [Application filed on behalf of the appellant for appointment of local commissioner]
CM No. 42088/2021 [Application filed on behalf of the appellant seeking exemption from serving the appeal to the respondent]
CM No.42084/2021 [Application filed on behalf of the appellant seeking exemption from filing notarized affidavits and original signed documents]
2. This appeal is directed against an interlocutory order dated 17.11.2021, passed by the Learned District Judge (Commercial Court-03), Central, Tis Hazari Courts, Delhi in CS (COMM) No. 4389/2021, in the applications moved by the appellant/plaintiff, under Order XXXIX Rules 1 and 2, and Order XXVI Rule 9 of the Code of Civil Procedure, 1908.
3. Ms Kangan Roda, who appears for the appellant/plaintiff, says that, the appellant/plaintiff is aggrieved by the fact that no ex-parte orders were passed in the aforementioned applications.
3.1. Ms Roda, however, realises the fact tha
The court can advance hearing dates and allow service of documents via multiple means to expedite judicial proceedings.
The court emphasized the importance of adhering to procedural timelines and the rights conferred upon the parties under the Commercial Courts Act, 2015 and the Civil Procedure Code.
Timely filing of replies to interlocutory applications and scheduling of the judge's consideration.
The court emphasized that adjournments in trademark disputes should not impede timely resolution and encouraged swift proceedings without prejudicing the merits of the case.
The court permits withdrawal of an appeal against an ex-parte order to allow the appellant to pursue proper procedural remedies at the trial court.
The Trial Court lacked jurisdiction to proceed ex parte when the matter was fixed for interlocutory proceedings, leading to the ex parte decree being set aside.
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