O R D E R

% 01.02.2024 I.A. 13833/2023

1. This application has been filed by the plaintiffs for summoning Mr. Raj Chawla, proprietor of M/s Inder Medicos (defendant no.3), before this Court for limited examination on the pleas asserted on behalf of defendant no.7.

2. At the outset, Mr. Pravin Anand, counsel for the plaintiff, who appears through VC, states that defendant nos.1 and 2 have already been proceeded ex-parte on 27th November, 2018 and 30th July, 2019 respectively; the suit has already been decreed qua defendant nos. 3, 4 5 and 6; only defendant no.7 is disputing the plaintiff’s position.

3. It is noted in the application that defendant no.3 had stated on affidavit filed before the Court that it had procured impugned products from defendant no.7. Assertions to this effect are noted in para nos. 7 to 9 of this application. However, written statement filed by defendant no.7 notes that defendant no.7 had not been contacted by any person and no infringing products had been seized from the premises of defendant no.7 and that he has been falsely impleaded in the present proceedings.

4. Considering the inconsistencies in statements made by defendant no.3 and defendant no.7, the inst