Full Text
Date ofOrder: 14.11.2018
M/S GREENGOLD ANIMATIONPVTLTD Appellant
Through: Mr.Gautam Bhasin, Advocate with Mr.Rakesh Kumar, Mr.Anil Kumar Sahoo, Ms.Aparajita Sharan and
Ms.Nalin Swain, Advocates.
Through: None.
1• Allowed, subject to all just exc%ii)ns.
JUDGMENT
2. The appellant/plaintiff; is aggneved of the order dated 25.08.2018 passed by the court oflearned Additional District Judge- 02, Shahdara District, Karkardooma Courts, Delhi ('ADJ'), by which the summons ofthe suit and notice ofthe 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 OrderXXXIX Rules 1&2ofthe Code ofCivil FAO 451/2018 Page 1 of[2] 2018:DHC:9162 Procedure. 1908 ('CPC') on merits for the reason that the appellant had learnt about the respondent's impugned trade mark and their onlme business activities in the 3"' week ofJuly, 2018 but the suit was filed on 23.08.2018.
3. The Ld. counsel for the appellant contends that when the plaintiff came to know about the online business activities of the defendant the time was consumed to ascertain the facts and for that reason suit could be filed in the very next month in August, 2018.
4. hi these circumstances, the inipugned 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/plaintiff under Order XXXIX Rules 1&2CPC on merits. The appeal and all pending applications are disposed ofaccordingly.'
5. Copy ofthis order be the signatures ofCourt Master. f ' NOVEMBER 14, 2018 "shailentlra" FAO 451/2018 VINOD GOEL,J. Page 2 Of[2]