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2021 Supreme(Guj) 329

BHARGAV D. KARIA
Mohalla Tech Private Limited – Appellant
Versus
Lagdhir Jugaldip Bharatkumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Kamal Trivedi, Senior Advocate For Mr Sachin D Vasavada (3342) With Mr Samtrat Mehta, Advocate With Aditya Chitley, Advocate
For the Respondent:Mr Hashit Tolia, Advocate With Mr. Vishal P Thakker(7079) Ms Rushvi N Shah(5881)

ORDER :

1. Heard learned Senior Advocate Shri Kamal Trivedi assisted by learned advocate Mr. Sachin Vasavada with learned advocate Mr.Samrat Mehta with learned advocate Mr. Aditya Chitale appearing for the appellant and learned advocate Mr. Hashit Tolia with learned advocate Mr. Vishal Thakker with learned advocate Ms. Rushvi N. Shah for the respondent through video conference.

2. By this Appeal from Order under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 (herein after referred to as 'the Code' for short), the appellant has challenged the exparte adinterim order dated 29.04.2021 in Trademark Suit No. 538 of 2021 passed by the learned Chamber Judge, City Civil Court, Ahmedabad.

3. The learned Chamber Judge, City Civil Court, Ahmedabad, by the impugned order, granted adinterim injunction in terms of Para 38 (A to C) of the injunction application (Notice of Motion) till 10.05.2021.

4. It is the case of the appellant that the impugned order was served on 13.05.2021, therefore, the appellant could not appear before the learned Chamber Judge on 10.05.2021. The appellant, thereafter, has filed this appeal before this Court.

5. From the above chronology events, it appears that the

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