Order 19

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 893-23
PAWAN GARG Vs. SAURABH RAWLLEY AND Anr
08-10-2025
Present: Sh.Hardik Gogia, Advocate Proxy Counsel for
plaintiff.
Sh. P.K.Jain, Advocate for both the defendants.
It is reported that replication has been already filed.
Issues were framed on 20.04.2024. Thereafter,
defendant no.2 was added as a party.
In view of submissions of Learned Counsel for
parties and addition of defendant no.2, additional issue no.2A is
framed as follows :-
(2A)Whether the suit is bad for mis-joinder of
defendant no.2? OPD2
Issue no.3 is re-framed as :-
(3)Whether there is no cause of action for filing of
the present suit against both or either of the defendant? OPD
For the purpose of convenience, all issues including
the additional issue and re-framed issue are reproduced
hereinafter.
1)Whether plaintiff has concealed material facts
from this court, if so its effect? OPD.
2)Whether this court has no territorial jurisdiction to
try and entertain the present suit? OPD.
2A)Whether the suit is bad for mis-joinder of
defendant no.2? OPD2
3)Whether there is no cause of action for filing of
the present suit against both or either of the defendant?
OPD
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4) Whether plaintiff is prior user of the
trademark/label/packaging label “SHAHI DINNER”? OPP.
5) Whether plaintiff is owner of the copyright of
the trademark/label/packaging label “SHAHI DINNER”?
OPP.
6) Whether plaintiff is entitled to decree of
permanent injunction, as prayed? OPP.
7) Whether plaintiff is entitled to decree of
rendition of account, as prayed? OPP.
8) Whether plaintiff is entitled to decree of
damages, as prayed, or for any other amount of damages?
OPP.
9) Relief.
Case management hearing done and following
schedule is fixed:-
(1)For PE :- 21.11.2025 and 24.11.2025.
(2)For DE:- 15.12.2025 and 16.12.2025.
(3)For Final Arguments:-19.12.2025.
AJAY PANDEY
District Judge (Commercial Court-10)
Central, Tis Hazari Courts
08-10-2025
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