A.No.3614 of 2023

in

C.S.(COMM.DIV).No.2 of 2023

P.T.ASHA, J.,

The application is filed for condoning the delay of 123 days in

representing the Written Statement of the defendant in the above suit.

2. The suit in question has been filed questioning the

infringement of Trademark "VARAM" of the plaintiff by using the

very same name with an extra 'M'. The sole defendant in the above suit

was served on 13.01.2023. The respondent/plaintiff had obtained an

interim order of injunction by orders of this Court dated 11.01.2023

and the interim order was being extended periodically. Ultimately, the

interlocutory application for interim injunction was dismissed by orders

of this court dated 15.06.2023 and thereafter when the matter was listed

on 04.07.2023, the defendant had sought time to bring up the Written

Statement.

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3. The present application has been filed to condone the delay in

representing the Written Statement. In the affidavit that has been filed

in support of the said application, the applicant/defendant would

contend that the Written statement had been filed on 08.02.2023 within

the pe