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IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Phenomenon Agents Ltd. - Appellant
Versus
Powereye Electronics - Respondent
CM(M) 599 of 2022
Decided On : 15-06-2022
| Table of Content |
|---|
| 1. exemption applications allowed. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. impugned order concerns adjournment. (Para 7) |
| 3. court's direction to trial for early consideration. (Para 8 , 9 , 10 , 11 , 12) |
| 4. petition disposal with applications. (Para 13) |
JUDGMENT
Jyoti Singh, J. (ORAL)
CM APPL. 28421/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 28422/2022 (exemption from service to Respondents)
3. Since there is an urgency in the matter and the matter is being heard today, Petitioners are exempted from serving advance notice on Respondents.
4. For the reasons stated in the application, the same is allowed and disposed of.
CM APPL. 28423/2022 (exemption)
5. Subject to the Petitioners filing certified, clearer and translated copies, which it may seek to place reliance on, within four weeks from today, exemption is granted.
6. Application is allowed and disposed of.
CM(M) 599/2022 & CM APPL. 28424-25/2022
7. Present petition impugns the order dated 07.06.2022, which for ready reference is extracted hereunder:
"Fresh suit under Trademark and Copyright Act for permanent injunction and passing off etc. was received on 04.06.2022 when presiding officer was on training and hence the matter was adjourned for today. It be checked and registered.
Put up for consideration of all applications on 27.07.2022."
8. This Court does not find any reason to interfere in the order as the Trial Court has not adjudicated upon the rights of the parties and has only adjourned the matter for consideration on 27.07.2022.
9. No interference is called for in the impugned order.
10. At this stage, learned counsel appearing on behalf of the Petitioners submits that it would suffice if the Trial Court is directed to take up the matter at an early date, since Petitioners have filed applications under Order 39 Rules 1 and 2 CPC seeking interim injunction and appointment of a Local Commissioner.
11. The Court finds merit in this submission of the learned counsel appearing on behalf of the Petitioners and accordingly, the Trial Court is requested to take up the matter on 04.07.2022, for consideration.
12. It is made clear that this Court has not expressed any opinion on the merits of the case.
13. Accordingly, the present petition is disposed of along with pending applications.
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 has the discretion to grant exemptions from serving advance notice and can direct the trial court to take up a matter at an early date for consideration.
Non-compliance of the Court order by the Petitioners in not taking steps to serve the Respondent - Learned Trial Court to hear the two applications before the summons in the suit and notice in the ap....
Judicial efficiency requires urgent applications for injunction and local commissioner appointment to be heard promptly to protect the interests of the parties involved.
The court emphasized the necessity for timely decisions on ex parte injunctions, affirming the right of appellants to use trademarks without undue delay.
The trial Court must provide reasoned orders when dealing with applications for temporary injunctions, particularly in urgent cases, and should not simply issue mechanical orders without assessment.
The court can advance hearing dates and allow service of documents via multiple means to expedite judicial proceedings.
“3A Where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which....
A stay of trademark infringement proceedings under Section 124 of the Trade Marks Act does not prohibit the court from adjudicating and passing orders on pending interlocutory applications, including....
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