Full Text
Date ofOrder: 14.11.2018
M/S GREEN GOLD ANIMATION PVT LTD Appellant
Through: Mr.Gautam Bhasin, Advocate with Mr.Rakesh Kumar, Mr.Anil Kumar Sahoo, Ms.Aparajita Sharan and
Ms.Nalin Swain, Advocates.
Through: None.
JUDGMENT
1. Allowed, subjectto alljust exceptions-. ^ FAO 449/2018 & CMNo. 39986/2018 and CMNO. 45585/2018
2. The appellant/plaintiff is, aggrieved of the order dated 25.08.2018 passed by the court of learned Additional District Judge- 02, Shahdara District, Karkardooma Courts, Delhi ('ADJ'), by which the summons of the suit and notice of the injunction application was ordered to be issued to the respondent/defendant upon filing the process-fee/RC etc. for 15.11.2018. The learned ADJ did not consider the application under Order XXXIX Rules 1&2 ofthe Code ofCivil FAO 449/2018 Page 1 of[2] 2018:DHC:9161 f n Procedure, 1908 ('CPC') on merits for the reason that in Para 30 ofthe plaint, the appellant pleaded that they had learnt about the respondent's impugned trade mark and their online business activities in the 3*^^ week of July, 2018 and despite this the suit was filed on 23.08.2018.
3. The Ld. counsel for the appellant contends that after the plaintiff came to know about the online business activities of the defendant in the market to ascertain the facts and for that reason suit could be filed inthevery next month inAugust, 2018.
4. In these circumstances, the impugned order dated 25.08.2018 is set aside with the direction to the Ld. "ADJ" to consider the ex-parte injunction application filed by,^the petitioner under Order XXXIX Rules 1 & 2 CPC on merits. The appeal-f.and all pending applications are disposed of accordingly,::;:::. '
5. Copy of this order be•given dasti under the signatures of Court Master.