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2024 Supreme(Online)(DEL) 32831

HIGH COURT OF DELHI
MR. JUSTICE AMIT BANSAL, J
EVERGREEN SWEET HOUSE – Appellant
Versus
JV EVERGREEN SWEETS AND TREATS & ORS. – Respondent


Advocates:
Mr. Sidhant Kumar, Mr. Rakshit Dhingra, Ms. Manyaa Chandok, Mr. Om Batra, Mr. Ashutosh Lohia, Ms. Shraddha Bhargava, Mr. Rohit Saraswat, Ms. Sharan Mehta, Ms. Rishika Jain, Ms. Princey Sharma, Mr. Abhay Pratap Singh, Ms. Mitali U., Mr. Varun Pathak

JUDGMENT

AMIT BANSAL, J. I.A. 32723/2024 (Under Order XXXIX Rules 1 & 2 CPC)

1. By way of the present Judgment, I shall decide the captioned application filed on behalf of the plaintiff under Order 39 Rule 1 and 2 of the Civil Procedural Code, 1908 (CPC).

2. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks of the plaintiff and passing off their business as that of the plaintiff and other ancillary reliefs.

3. Summons in the suit were issued on 22 nd May, 2024 and notice in the present application was issued on 10 th July, 2024. However, no ad interim injunction order was passed in favour of the plaintiff. Thereafter the matter was listed on various dates and pleadings have been completed in the suit as well as the present application. The application was heard on 22 nd October, 2024 and 13 th December, 2024, when the judgment was reserved.

CASE SET UP IN THE PLAINT

4. Briefly stated, the case set up in the plaint is as follows:-

4.1 The plaintiff is a registered partnership firm engaged in the business of preparing and selling Indian sweets and namkeens since 30 th September, 1963. The shop of the plaintiff i

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