Case Title: Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House V. Vijay Gupta & Ors.:Date of Order: 07 July 2025:Case Number: FAO (COMM) 170/2025:Neutral Citation:2025:DHC:5313:DB: Court: High Court of Delhi at New Delhi:Judges: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Ajay Digpaul
This appeal arose from an order dated 7 May 2025 passed by the learned District Judge (Commercial Court), Patiala House, in a suit for trademark infringement filed by the appellant, Pawan Kumar Mittal, proprietor of Salasar Dev Basmati House, against Vijay Gupta and others. The suit sought an ex parte ad interim injunction, appointment of a Local Commissioner, and waiver of advance service, citing urgent relief against alleged passing off and trademark misuse.
The procedural background shows that the trial court, without providing any reasons, declined to grant any ex parte relief or act on the plaintiff’s application for appointment of a Local Commissioner. It merely issued summons for settlement of issues and directed the plaintiff to complete service on the defendants via multiple permissible modes, including electronic channels.
The core dispute centered on the plaintiff’s allegations of trademark infringement and passing off, claiming urgent and immediate protection was warranted under established jurisprudence, especially as laid down in Laxmikant V. Patel v. Chetanbhai Shah (2002) 3 SCC 65. The appellant had emphasized that in such cases, courts are required to act promptly on the first day by issuing notice and appointing a commissioner without advance intimation to prevent destruction of infringing materials.
The Division Bench of the High Court found the trial court’s approach legally unsustainable, observing that even if a court is disinclined to grant interim relief, it must provide reasons for its decision. The impugned order lacked any reasoning and failed to address the appellant’s applications meaningfully.
Accordingly, the High Court quashed the trial court’s order and remitted the applications for ex parte injunction, waiver of advance service, and appointment of Local Commissioner back to the Commercial Court for de novo consideration. The Commercial Court was directed to hear the matter afresh on 10 July 2025 at 11:00 a.m. The appellate court expressly refrained from commenting on the merits of the applications, leaving the decision entirely to the trial court’s fresh assessment. The appeal was disposed of in these terms.
No comments:
Post a Comment