$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.08.2023 + CM(M) 1127/2023 & CM APPL. 36463/2023 SHRI DHIRAJ KUMAR ..... Petitioner Through: Mr. T.K. Tiwari, Advocate versus R H AGRO OVERSEAS PVT LTD & ANR. ..... Respondents Through: Ms. Tanvi Bhatnagar and Ms. Shilpi Sinha, Advocates %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J (ORAL)

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 09.05.2023 passed by District Judge (Comm.)-04, South District, Saket Courts, Delhi (‘Trial Court’), in C.S. (COMM.) No. 03/2023, titled as R.H. Agro Overseas Pvt. Ltd. & Anr. v. Dhiraj Kumar & Anr., taking on record the replication, documents filed along-with the replication and the affidavit of admission/denial of documents.

1.1. The Petitioner herein is the defendant and the Respondents herein are the plaintiffs in the suit.

1.2. The suit has been filed by the Respondents inter-alia for permanent injunction against the Petitioner for infringement of trade mark and passing of action with respect to the Respondents trademark ‘NAFIS’.

3. The learned counsel for the Petitioner states that the