JUDGMENT

Sanjeev Narula, J. (Oral)

C.M.No.26147/2020 (Exemption)

1. Allowed, subject to all just exceptions.

C.M.No.26148/2020 (delay in filing)

2. In view of averments made in the application, the delay of 155 days in filing the present appeal is condoned.

3. Accordingly, the application stands disposed of.

FAO(OS)(COMM) 126/2020 & C.M.No.26146/2020 (stay)

4. The Appellants have filed the present intra-court appeal under Section 13 (1) of the COMMERCIAL COURTS ACT , 2015 (hereinafter referred to as "the Act") challenging the legality and validity of the order dated 13th February, 2020 passed by the learned Single Judge in CS(OS) (COMM) No.35/2018 whereby their application under Order IX Rule 7 of the Code of Civil Procedure, 1908 ("CPC") stands dismissed.

5. Briefly stated, on 21st December, 2017, the Respondent herein-Cosco India Ltd. filed a commercial suit seeking permanent injunction restraining the Appellants from infringing trademark, copyright, passing off, rendition of accounts of profits, delivery up and damages to the tune of Rs.1,10,01,400/-. Appellants are arrayed as Defendants No. 2 to 7 in the said suit which is still pending before the learned Single Judge