Unseasoned Order is liable to be set aside
Facts of the Case:Sri Aishwarya Food Industries Pvt. Ltd. filed a suit against Aishwarya Agriprocessors Pvt. Ltd. for trademark infringement, alleging unauthorized use of the mark "Aishwarya/Aiswarya" in selling, marketing, and advertising their products. The plaintiff obtained an ex parte ad interim injunction restraining the defendants from using the disputed mark. The defendants challenged this injunction, arguing that they had an independent right to use the mark and sought its vacation.
Procedural Background:The District Judge (Commercial Court) at Tis Hazari Courts, Delhi, granted an ex parte ad interim injunction on September 20, 2024, restraining the appellants from using the mark. The appellants filed an application under Order XXXIX Rule 4 CPC, seeking the vacation of this injunction, but it was dismissed by the Trial Court on December 13, 2024. The appellants then approached the Delhi High Court, challenging the orders.
Reasoning of the Court:The Delhi High Court observed that the order of December 13, 2024, passed by the Trial Court was un reasoned. The respondents fairly conceded that the matter should be reconsidered by the Trial Court. The High Court found it appropriate to set aside the impugned order and remand the matter to another Commercial Court within the same District for fresh consideration. It directed that the case be reassigned by the Principal District and Sessions Judge (Central) and listed before the new court on December 24, 2024. The transferee Judge was instructed to decide the pending applications afresh within three weeks without being influenced by previous observations.
Decision:The Delhi High Court set aside the Trial Court’s order dated December 13, 2024, and directed the case to be transferred to another Commercial Court for fresh consideration. Additionally, the costs imposed on the appellants for the late filing of their written statement were waived. The appeal and pending applications were disposed of accordingly.
Case Title: Aishwarya Agriprocessors Vs. Sri Aishwarya Food Industries
Date of Order: December 20, 2024
Case Number: FAO (COMM) 246/2024
Neutral Citation: 2025:DHC:9855:DB
Name of Court: Delhi High Court
Name of Hon’ble Judges: Hon’ble Mr. Justice Navin Chawla and Hon’ble Ms. Justice Shalinder Kaur
