ORDER :

Markandey Katju, J.

Heard learned counsel for the petitioner.

2. This petition is directed against the judgment and order dated 29-5-2009 of the Division Bench of the High Court of Delhi by which the appellant-defendants have been restrained from using the words "HARA QILLA" and device "QILLA" in their bags/packets of rice as a trade mark.

3. Without going into the merits of the controversy, we are of the opinion that the matters relating to trade marks, copyrights and patents should be finally decided very expeditiously by the trial court instead of merely granting or refusing to grant injunction. Experience shows that in the matters of trade marks, copyrights and patents, litigation is mainly fought between the parties about the temporary injunction and that goes on for years and years and the result is that the suit is hardly decided finally. This is not proper.

4. Proviso (a) to Order 17 Rule 1(2) Civil Procedure Code states that when the hearing of the suit has commenced, it shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary. The court should also observe clauses (b) to (e) of the said proviso.

5. In our opinion, in matters relating to trade marks, copyrights and patents the proviso to Order 17 Rule 1(2) Civil Procedure Code should be strictly complied with by all the courts, and the hearing of the suit in such matters should proceed on day-to-day basis and the final judgment should be given normally within four months from the date of the filing of the suit.

6. On the facts of the present case, we are not inclined to interfere with the impugned judgment and order. However, we request the High Court that the suit in question should be decided within three months from the date a copy of this order is produced before the trial court.

5. With the abovesaid observations, the special leave petition stands disposed of.