DCM SHRIRAM LIMITED vs MR AMREEK SINGH CHAWLA & ORS.

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th January, 2025 + CS(COMM) 990/2024 & I.A. Nos. 1208-1209/2025 DCM SHRIRAM LIMITED .....Plaintiff Through: Mr. Shantanu Sahay, Ms. Imon Roy, Ms. Vareesha Irfan, Advocates (M:9899228168) Email:[email protected] versus MR AMREEK SINGH CHAWLA & ORS. .....Defendants Through: Mr. Amit Sibal, Sr. Adv. with Mr. Vikas Khera, Ms. Sneha Sethia, Mr. Dinesh Chaturvedi, Mr. Saksham Dhingra, Mr. Ankur Vyas, Advocates (M:7834897828) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) I.A. No. 1208/2025 (Application under Order XXXIX Rule 4 read with Section 151 CPC) 1. The present application has been filed on behalf of the defendants under Order XXXIX Rule 4, read with Section 151 of Code of Civil Procedure, 1908 (“CPC”), for vacation of ex-parte ad interim injunction order dated 08th November, 2024. 2. Learned Senior Counsel for the defendants submits that the order dated 08th November, 2024 was passed on the basis of the submissions made Signature Not Verified Digitally Signed CS(COMM) 990/2024 Page 1 of 21 By:AMAN UNIYAL Signing Date:19.01.2025 16:30:10 by learned counsel for the plaintiff, that the plaintiff had discovered the product of the defendants on 30th October, 2024, only a few days before filing of the present suit. Attention of this Court has been drawn in this regard to paragraphs 32 and 33 of the order dated 08th November, 2024, which reads as under: “32. It is further submitted that the plaintiff came to know about the th infringing activities of the defendants on 30 October 2024 when an operative of the plaintiff, acting under the instructions of Mr. Amarendra Kumar Rakesh, who is the authorized representative of the plaintiff, visited a third-party local retailer, “Bajaran