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DELHI HIGH COURT
MANMOHAN, SAURABH BANERJEE
Vinay Rathi – Appellant
Versus
Dhananjay Rathi – Respondent
| Table of Content |
|---|
| 1. challenging ex-parte injunction and delays (Para 1) |
| 2. arguments regarding injunction orders and amendments (Para 2 , 3 , 5 , 6) |
| 3. court’s directives on hearing and pleadings (Para 4 , 7 , 8) |
| 4. conclusion and disposition of the appeal (Para 9) |
JUDGMENT
Manmohan, J. (Oral):
CM APPL.56655/2022 (exemption)
Allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
CM APPL.56654/2022
Keeping in view the averments in the application, the delay in filing the present appeal is condoned.
Accordingly, the application stands disposed of.
FAO(OS) (COMM) 334/2022, CM APPL.56653/2022
1. The instant appeal has been filed challenging the impugned order dated 28th April, 2022 passed by a learned Single Judge of this Court whereby the learned Judge granted an ex-parte ad-interim injunction against the respondents No.2 to 4 in I.A. No.6428/2022 in CS(COMM) No.267/2022 restraining the respondents No. 2 to 4 from using the trademark RATHI. The appellants are also challenging the impugned order dated 19th July, 2022 whereby the learned Single Judge after hearing all the parties at length reserved final judgment in I.A. No.6428/2022 and I.A. No.7588/2022
The court emphasized the necessity for timely decisions on ex parte injunctions, affirming the right of appellants to use trademarks without undue delay.
Availability of alternative effective remedy and the importance of disclosing all relevant facts in legal 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....
The court emphasized that adjournments in trademark disputes should not impede timely resolution and encouraged swift proceedings without prejudicing the merits of the case.
Ex parte injunctions must be granted with full disclosure of relevant facts, ensuring that operational impacts on established rights are weighed before issuance.
The court's decision was influenced by the legal soundness of allowing the amendment application and the need to balance equities in considering related applications.
Learned Single Judge is already seized of the controversy and has listed the matter day after, it would not be proper for this Court to interfere with the impugned orders at this juncture.
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.
Point of law: Learned Single Judge is already seized of the controversy and has listed the matter day after, it would not be proper for this Court to interfere with the impugned orders at this junctu....
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