THE RELEVANT OBSEVATION OF THE HON'BLE COURT WHILE DECREEING THE SUIT EX PARTE IN A SUIT OF JOHN DOE IN NATURE.
The Subject matter Suit was filed against unknown persons who were indulged in the infringement of Plaintiff's Trademark OFFICER'S CHOICE.
Since defendants were unknown, Suit was I। the nature of JOHN DOE.
After grant of ex parte order of Injunction, since the Defendant did not appear, they were proceeded against exparte .
The Hon'ble Court, Following the rationale of the judgment of a ld. Single of this Court in Disney Enterprises Inc. & Anr. v. Balraj Muttneja &Ors. [CS (OS) 3466/2022] observed that since the Defendants were proceeded ex parte, Plaintiff was not required to lead ex parte evidence.
According Suit was decreed ex parte.
DISCLAIMER
Information contained herein is being shared in the public Interest. The same should not be treated as substitute for legal advice as it is subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the facts and law involved herein.
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