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Date of Decision: 28th September, 2022 FAO-IPD 25/2021
INTEX ENTERPRISES PRIVATE LIMITED ..... Appellant
Through: Mr. Avinash Singh, Advocate.
Through: Ms. Neha Garg, Advocate.
JUDGMENT
1. Allowed subject to all just exceptions.
2. Application stands disposed of.
REVIEW PET. 244/2022
3. Present review petition has been filed on behalf of the Respondent seeking review/modification of the order dated 31.08.2022 passed by this Court, on two-fold grounds.
4. Issue notice.
5. Mr. Avinash Singh, learned counsel accepts notice on behalf of the Appellant.
6. With the consent of the parties, order dated 31.08.2022 is modified. The observations made by this court in para 17 to the extent ‘Had the Trial Court taken into consideration this argument of the Appellants, the claim of 2022:DHC:4094 FAO-IPD 25/2021 infringement qua the footwears may have sustained in favour of the Appellants. … It is a settled law that infringement is a statutory right while passing off is a common law right and while the former may fail, Plaintiff may succeed in proving the latter…’ as well as the directions in para 21 are hereby recalled.
7. Impugned order dated 15.03.2016 is partly set-aside, remanding the matter to the learned Trial Court to decide and render findings on the issues encapsulated in the order dated 31.08.2022.
8. Observations rendered by this Court in para 20 of the order dated 31.08.2022, are reiterated that the view expressed by this Court is only prima facie and the Trial Court will decide the matter independent of and without being influenced by the observations of this Court and in accordance with law.
9. Review petition is disposed of in the aforesaid terms. CM 106/2022 (Stay)
10. In view of the order passed above in the Review Petition, no order is required to be passed in this application and the same is, accordingly, disposed of.