HEMANT KUMAR GOYAL @ HARISH GOYAL vs YASHWANT JAIN & ANR.

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 13.01.2025 + FAO (COMM) 6/2025 HEMANT KUMAR GOYAL @ HARISH GOYAL .....Appellant Through: Mr. Nivesh Sharma, Ms. Ritu Singh & Mr. Aman Kashyap, Advs. with appellant in person. versus YASHWANT JAIN & ANR. .....Respondents Through: Mr. Neeraj Grover, Mr. Mohit Sharma & Mr. Ankur Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) CM APPL.1582/2025 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. FAO(COMM) 6/2025 & CM APPL.1581/2025 3. The present appeal has been filed under Section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 (in short, “CPC”), seeking setting aside of Order dated 25.11.2024 passed by District Judge (Commercial Courts-01), North-West, Rohini District Courts, Delhi, whereby the appellant was restrained from manufacturing, selling, using, displaying, advertising, importing, exporting and dealing in the Signature Not Verified Digitally Signed FAO (COMM) 6/2025 Page 1 of 2 By:NEELAM Signing Date:15.01.2025 17:40:35 trademarks “GOYAL CHUSKI CHAI”, “H.S.G. YASHIKA GOYAL CHUSKI CHAI” and “CHURKI”. 4. The learned counsel for the appellant confines his prayer to a request to the learned Trial Court to expedite the hearing of an application, which the appellant proposes to file under Order XXXIX Rule 4 of the CPC. 5. The learned counsel for the respondents, who appears on advance notice, does not oppose the prayer made. He submits that he shall fully cooperate with the learned Trial Court to expedite the hearing of the application, if and when filed by the appellant. 6. We therefore, dispose of this appeal by directing that in case the appellant gives