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05.01.2024

I.A. 25971/2023 (for early hearing)

1.

This application has been filed seeking early hearing of the

application filed by the plaintiff under Order 39 Rule 2A Code of Civil

Procedure, 1908 (“CPC”).

2.

In the facts and circumstances as stated in the application, the same is

allowed.

3.

Application stands disposed of.

I.A. 13683/2023 (application under Order 39 Rule 2A CPC)

1.

This is an application under Order 39 Rule 2A CPC preferred by the

plaintiff seeking directions in context of violation and disobedience of order

dated 21^st April, 2023 passed by this Court in this suit. By the said order,

the following directions were passed:

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 08/01/2024 at 05:19:14

“Till the next date of hearing, the defendants shall stand restrained

from using the mark AFFINITY ELEVE or any other mark which is

deceptively or confusingly similar to the plaintiffs mark AFFINITY,

for providing hair and beauty salon services or any other allied

services.”

2.

The defendants have filed a reply to the early hearing application and

rejoinder thereto has also been filed which effectively places contentions of

both the parties in respect of Order 39 Rule 2A CPC issue in perspective.

3.

In a previous order dated 22^nd December, 2023, it was noted by this

Court that Mr. Vishwendra Verma, counsel for the defendants had submitted

that he would obtain instructions from his client, since as to his knowledge,

his client is not using the plaintiff’s mark.

4.

Today, Mr. Verma submits that as per his instructions, the client is not

using plaintiff’s mark and is in compliance of orders of this Court dated 21^st

April, 2023. However, as part of the rejoinder to application for early

hearing, filed by the plaintiff, photographs have been appended showing that

in salons operated by the defendants in two different locations in Gurugram

and Faridabad, the name outside said salons is ‘Finity Eleve’ in one location

and ‘Affinity Eleve Studio’ in the other location. The photographs also

capture the newspaper published on 3^rd January, 2024, reflecting that the

said photographs have been clicked recently.

5.

Mr. Verma, in response, stated that these photographs have been

morphed using a computer and are incorrect since the defendants are

complying with orders of this Court.

6.

In this regard, it would be apposite to appoint a Local Commissioner

in order to ascertain the exact status of the name and style being used by the

defendants in their salons. The two locations of defendants’ salons are as

under:

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 08/01/2024 at 05:19:14

(i)

DSS-189, HUDA Market, Sector 46, Gurugram, Haryana;

(ii) B705-A, Green Fields Colony, Faridabad, 121009 Haryana.

At this stage, counsel for the plaintiff has shared another location

(iii) C-11, Sushant Lok, Gurugram.

7.

Accordingly, Mr. Rahul Maurya, Advocate (Mob. 7834933890, email

lawyermourya@gmail.com, Office: 4844/24, Ansari Road, Darya Ganj,

New Delhi.), who is present in the Court, is hereby appointed as Local

Commissioner to visit the aforementioned three premises / locations of

defendants’ salons and take photographs of the facia of the said salons

including any other representation / name being used by salons in and

around the vicinity, as also inspect insides of the salons in order to ascertain

the name being used by defendants for running their business in these

premises/ locations.

8.

The Local Commissioner shall use the assistance of a photographer to

take photographs in this context and also, if so necessary, seek assistance

from the local SHO. The Local Commissioner will be permitted to be

accompanied by a designated repre