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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, OM PRAKASH SHUKLA, JJ
WESTEND GREEN FARMS SOCIETY – Appellant
Versus
VICKY KAKKAR – Respondent
| Table of Content |
|---|
| 1. factual background of multiple appeals. (Para 1 , 2 , 3) |
| 2. plaintiff's trademark rights and claims. (Para 4 , 12 , 13 , 14) |
| 3. arguments for rejecting the plaint. (Para 5) |
| 4. court’s analysis of legal positions. (Para 6 , 7 , 8 , 9 , 10) |
| 5. conclusion drawn from legal discussion. (Para 15) |
C. HARI SHANKAR, J.
The lis
1. These appeals arise from similar orders passed by the learned District Judge (Commercial Court)-02, New Delhi District, Patiala House Courts, “Commercial Court”, hereinafter, whereby the plaints in the suits, instituted by the appellant against the respondents, stand rejected by the learned Commercial Court under Order VII Rule 11(a)2 of the Code of Civil
(a) where it does not disclose a cause of action;
Procedure, 1908, “CPC” hereinafter, on the ground that the plaints failed to disclose any cause of action.
2. Aggrieved thereby, the plaintiff in the suits has approached this Court by means of the present appeals.
3. As the factual differences between the appeals are only cosmetic, we would be adverting to the facts as they exist in RFA (Comm) 196/2025, which arises out of CS (C
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