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High CourtsDivision Bench(2022) 05 DEL CK 0036

Flyover Distillers And Bottlers Private Limited vs Om Sons Marketing Private Limited

Delhi High Court · Decided on 9 May 2022

HON’BLE JUDGES
Najmi Waziri, J · Swarana Kanta Sharma, J
RESULT
Disposed Of
CASE NUMBER
First Appeal From Order (COMM) No. 67 Of 2022, CAV No. 119 Of 2022, Civil Miscellaneous Application No. 21769 Of 2022

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Judgment

14 paragraphs · 330 words

The hearing has been conducted through hybrid mode (physical and virtual hearing).

Caveat No. 119/2022

Since learned counsel for the respondent/caveator has entered appearance, the caveat stands discharged.

CM APPL. 21769/2022 (exemption)

Allowed, subject to all just exceptions.

The application is disposed of.

FAO (COMM) 67/2022

1.

The appellant is aggrieved by the non-listing of their application filed under Section 39(4) CPC apropos an         ex parte injunction passed on 07.04.2022 against them on the respondent (plaintiff’s) application.  An amendment order regarding appointment of Local Commissioner was passed on 12.04.2022.  The order was served on 19.04.2022 by the Local Commissioner who visited the appellant’s premises, an inventory of stocks was prepared and the stock was seized.

2.

The appellant moved their Section 39(4) CPC application on 27.04.2022 seeking vacation of the ex parte stay.  To their understanding, case was directed to be listed on 02.05.2022 with a noting “To be put up with file”.  It was subsequently discovered by the appellant that the date had been modified to 10.05.2022, which Mr C.M. Lall, learned Senior Counsel for the respondent says, was the date earlier fixed in the main suit.

3.

The appellant says that it is suffering on the account of seizure of the stock and the injunction which prohibits sale of their goods under their in-use label.  The urgency for adjudication is impressed upon by the learned Senior Counsel for the appellant.

4.

The learned Senior Counsel for the respondent has no objection if the case be taken up tomorrow, as listed, before the learned Trial Court.  He says that within 3 days he will file his reply and the application could well be disposed-off by the learned Trial Court within 10 working days.

5.

Indeed, the learned Senior Counsel for the parties submit that they will so request the learned Trial Court.

6.

They also submit that they will not take more than 30 minutes each to conclude their arguments.

7.

The appeal is disposed-off in the above terms.