Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.)39/23
M/S Martbaan Vs. Ms. Sadhana Gandhi Sole Proprietor Of The
Martbaan Dadi Ka Achaar
04.10.2024
Present : Ms. Stuti Wason. Ld. Counsel for the plaintiff.
Sh. Deepak Tiwari, Ld. Counsel for the defendant.
Counsel for the defendant filed the written statement
along with statement of truth, affidavit of admissions/denial and
reply to application under Order XXXIX Rules 1 and 2 CPC.
As per the order sheet dated 28.03.2024, the right of
the defendant to file written statement has already been forfeited
and he was proceeded exparte. Written statement is kept on
record. Counsel for the plaintiff has filed email sent by the
defendant. The same is also kept on record. Counsel for the
defendant submits that he will move appropriate application in
this regard.
Counsel for the plaintiff submits that she has filed an
application under Order XI Rule 1 (5) as amended by the
Commercial Courts Act read with Order VII Rule 14 read with
Section 151 CPC for placing on record the additional document.
She submits that as per the order of Registrar of Trademarks
dated 19.03.2024, the trademark of the defendant has been
abandoned. Counsel for the defendant fairly submits that he is
aware of the same and the same is correct. Considering the
submissions, the application is allowed and the documents is
taken on record.
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Put up this matter for further proceedings/plaintiff’s
evidence on 15.01.2025
Anurag Sain
District Judge (Commercial Court)-01
Patiala House Court, New Delhi.
04.10.2024
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