MOLD TEK PACKAGING LIMITED vs PRONTON PLAST PACK PVT. LTD.

IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 114/2024, CM APPL. 34224/2024 & CM APPL. 34226/2024 MOLD TEK PACKAGING LIMITED .....Appellant Through: Mr. Jayant Mehta, Sr. Adv. with Mr. Ashutosh Kumar, Mr. Vinod Chauhan, Ms. Radhika Pareva, Ms. Yagya Passi and Mr. Rajat Sinha, Advs. versus PRONTON PLAST PACK PVT. LTD. .....Respondent Through: Mr. J. Sai Deepak, Sr. Adv. with Mr. Vikas Khera, Mr. Lalit Ambastha, Ms. Sneha Sethia, Mr. Yash Sharma and Mr. Subham Rathore, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 11.07.2025 C. HARI SHANKAR, J. Facts, and the lis 1. The appellant before us was the plaintiff in CS (Comm) 668/2023, in which the impugned order dated 2 May 2024 has been passed by the learned District Judge (Commercial), Patiala House Courts1, under Order XXXIX Rule 4 of the Code of Civil Procedure, 19082. 2. Inasmuch as we are inclined to set aside the impugned order and remand the Order XXXIX Rule 4 application of the respondent/defendant for de novo consideration, we would be restricting our discussion to the extent necessary for the said purpose. 3. The appellant was granted patents IN 4014173 and IN 2987244