Full Order Text
Interim Order 1 · 25 Oct 2024 · CNR DLND010085492024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: IN THE COURT OF SH. VIDYA PRAKASH DISTRICT JUDGE (COMMERCIAL COURT)-02 NEW DELHI DISTRICT, PATIALA HOUSE COURTS NEW DELHI CNR NO.: DLND010085492024 CS (COMM.)/870/2024 IN THE MATTER OF: HARSH THUKRAL TRADING AS M/S. THUKRAL SONS 5160, LAHORI GATE DELHI-110006. ALSO AT: 1687, OUTRAM LINES, KINGSWAY CAMP DELHI-110009 … PLAINTIFF VERSUS 1. SH. KRISHAN LAL THUKRAL TRADING AS M/S. KAMAL STORE 4048 LAHORI GATE, NAYA BAZAR BACKSIDE DELHI-110006 ALSO AT: K NO. 139/104, GALI NO. 8, SIRASPUR, DELHI-110042. 2. SH. KAMAL THUKRAL TRADING AS M/S. THUKRAL ENTERPRISES 4048/1, LAHORI GATE, NAYA BAZAR DELHI – 110006 3. UDIT THUKRAL TRADING AS M/S. THUKRAL IMPEX 4048/1, LAHORI GATE, NAYA BAZAR DELHI – 110006 4. MR. O. P. GUPTA, M/S. VIMAL STORE, 14, CC, NEAR PVR CINEMA, NARAINA, NEW DELHI-110028. … DEFENDANTS CS (Comm.)/870/2024 Page 1 of 22 -- 1 of 22 -- ORDER 1 Vide this common order, I shall decide two applications i.e. one under order XXXIX Rules 1 and 2 read with S. 151 CPC seeking an ex parte ad interim injunction against the defendants and another application under Order XXVI Rule 9 CPC read with S. 151 CPC seeking an ex parte order for appointment of Local Commissioner to visit and search the premises of defendants, filed on behalf of the plaintiff. 2 The facts relevant for the disposal of aforesaid two applications are that the plaintiff, who is stated to be proprietor of proprietorship concern namely M/s. Thukral Sons, got instituted the present suit for permanent injunction for restraining violation of trademark, passing off, dilution, rendition of accounts/damages, delivery up etc. against the defendants, The case of the plaintiff, as set out in the plaint, in nutshell is as under:- 2.1 The plaintiff is engaged in the trade and business of brooms since 1957 through his predecessors and is manufacturing and marketing of broom, duster and wiper, articles for cleaning purposes, included in class 21 since 1983 through himself [ hereinafter referred to ‘said goods and business’]. 2.2 The plaintiff through his predecessor has adopted the trade name THUKRAL in 1957 and even thereafter, after closure of the business of M/s. Thukral Store in 1983. It is averred that prior to CS (Comm.)/870/2024 Page 2 of 22 -- 2 of 22 -- 1983, there was no such branding but the said goods used to have been sold without any brand but under the trade name. The concept of branding came subsequently and the plaintiff started using the same since 1983. The plaintiff has continued the same business in the name and style of M/s. THUKRAL SONS since 1983 and has been using the trademark THUKRAL and trade name THUKRAL SONS [ hereinafter referred to as ‘said trade mark/ trade name’] continuously since then in respect of said goods and business. The plaintiff has successfully emerged as a leading and well-known brand/name for the abovementioned goods. 2.3 It is claimed that said trade mark/name has been coined, conceived and adopted by the plaintiff in the year 1957 through predecessor and since 1983 through himself and on account of prior adoption, senior user of the trademark/name THUKRAL / THUKRAL SONS, the plaintiff stands apart from those of others. Therefore, the plaintiff has claimed itself to be proprietor of the said trademark/name in respect of said goods on account of its prior adoption and senior, continuous user thereof and has stated that plaintiff being the originator, owner and proprietor of the said trademark/tradename is entitled to the protection. 2.4 The plaintiff has been honestly, bonafidely and in the course of trade, using its said trade mark/ trade CS (Comm.)/870/2024 Page 3 of 22 -- 3 of 22 -- name as proprietor thereof continuously, commercially, openly and to the exclusion of others and without any interruption or interference from any corner whatsoever and has built up envious, enormous and valuable trade, goodwill and reputation in respect thereof. 2.5 It is averred that the plaintiff has filed trademark applications for registration of his said trademarks in class 21, which are pending registration and are likely to get registered on account of its distinctiveness in the trade and business and senior in adoption and prior in user in business in relation to said goods.Some of the trademarks got abandoned due to non-prosecution by the attorney of the plaintiff. The details of applications for registration of trademarks/trade name are mentioned in Para no.17 of the plaint, according to which, the said trade mark is either shown to have been abandoned or opposed and / or formality check pass. 2.6 It is also stated that the said trademark THUKRAL is also used by the firms namely M/s. Thukral Sales which is the proprietorship concern of Mr. Dheeraj Thukral, son of the Plaintiff and M/s. Kalyani Sales, the firm, sole proprietor whereof is Anita Thukral, wife of the plaintiff under oral permission of the plaintiff. CS (Comm.)/870/2024 Page 4 of 22 -- 4 of 22 -- 2.7 Further, it is averred that the plaintiff has been continuously promoting its sale of said goods and business under its said trademark / trade name through different media and modes such as advertisement in newspaper, trade magazines, distribution of trade literatures, trade novelties and through sales promotional schemes. The hoardings, flex boards are the other modes of advertisement. Apart from that, the plaintiff advertises his business through the websites of B2B portals. The plaintiff advertises and effects sale of the said goods under the said trademark/label/name online through his own website https://thukraljhadu.com and also through third party online e-commerce portal like IndiaMart and TradeIndia, etc. 2.8 Further, it is claimed that on account of its good quality and standards of manufacturing and untiring efforts in advertising and marketing, the goods of the plaintiff under the said trade marks/ labels have acquired enviable reputation and goodwill throughout length and breadth of the country and the plaintiff has already built up a handsome and valuable trade thereunder and the details of year-wise sale/ turn over for period w.e.f. 1995-96 to 2023-24 have been given in Para no.15 of the plaint, wherein it is shown that the plaintiff had sales worth Rs.4,08,603.82 Paise for the year 1995-96,which has gradually increased to manifolds CS (Comm.)/870/2024 Page 5 of 22 -- 5 of 22 -- and was Rs.3,12,58,746.52 Paise in the financial year 2023-2024. 2.9 It is also claimed that the said trademark/ trade name have already become distinctive indicium of the plaintiff and its said goods and business thereunder and the purchasing public, traders and public at large associate, identify and distinguish the said trade marks with the plaintiff and the plaintiff’ said goods and business alone. Further, the plaintiff spend huge amount of money in advertising and promotion of its products under the said trade mark/name, due to which the products of the plaintiff under the said trade marks/labels enjoy huge goodwill and reputation in business community and amongst public in general in India. The plaintiff has a huge turnover against sale of its products worldwide. Hence, it is claimed that in view of the plaintiff’s proprietary rights under common law in its said trademark/name, and its goodwill & reputation, the plaintiff has the exclusive right to the use thereof and nobody can be permitted to use the same or any other deceptively similar trademark/ name in any manner whatsoever in relation to any specification of goods without the leave and license of the plaintiff. 2.10 It is alleged that the defendant nos. 1, 2 and 3 are engaged in the same nature of business dealing in identical goods as those of the plaintiff. It is stated CS (Comm.)/870/2024 Page 6 of 22 -- 6 of 22 -- that to the knowledge available to the plaintiff from the market sources, the defendant No. 1 namely Sh. Krishan Lal Thukral has been carrying on business under trading style M/s. Kamal Store and has nothing to do with the THUKRAL in the course of trade and business. Further, the defendant no.2 and 3 claim themselves to be sole proprietors of proprietorship concerns namely M/s. Thukral Enterprises and M/s. Thukral Impex respectively. Defendant No. 4 is engaged in the business of selling impugned goods, which is manufactured by the defendant nos. 1, 2 & 3 under the impugned trademark THUKRAL. 2.11 It is further alleged that the defendant nos. 1, 2 and 3 have adopted the trade mark/ name THUKRAL, THUKRAL ENTERPRISRS, THUKRAL IMPEX and its variants namely , , , , , , KS THUKRAL CLASSIC, THUKRAL ULTIMA, THUKRAL XL, THUKRAL CS (Comm.)/870/2024 Page 7 of 22 -- 7 of 22 -- JUNIOR, THUKRAL JUNIOR in the course of trade and business of broom, duster and wiper; articles for cleaning purposes ( herein after referred to as ‘the impugned goods and business’) and have started using the same in the course of trade and business without the leave and license of the plaintiff. 2.12 It is stated that defendant no.1 is the father of defendant nos. 2 and 3. Defendant No. 4 is also engaged in the sale of impugned products under the impugned brand sourced by defendant nos.1, 2 and 3. 2.13 The defendants have made a deliberate attempt and taken undue advantage of the plaintiff’s goodwill and reputation, by adopting the impugned trademark which is detrimental to the distinctive character to the said trademark/name of the plaintiff and also with a view to reap illegal monetary benefits. The defendant nos.1, 2 and 3 have afforded no plausible explanation for adopting the identical trademarks only and the user thereof. Use of similar goods under identical trademark is against the spirit of Trade Marks Law. 2.14 It is further alleged that the plaintiff has, in the first week of July, 2024, become aware of the adoption and user of the impugned mark/label trademark THUKRAL and its variants when the defendant no. CS (Comm.)/870/2024 Page 8 of 22 -- 8 of 22 -- 1, through its special Power of Attorney Holder and defendant no.2 filed an Opposition Petition to the accepted and advertised trademark of the plaintiff under Trademark Application no.5329298 in class 21. The opposition is replete with false claims and contentions. The defendants thereby are claiming right in the impugned mark without due cause and explanation. Thereafter, the plaintiff through the attorney, caused search in the register of the Trade Marks and found that the defendant no. 1 has applied for the registration of the impugned mark THUKRAL and its variants. 2.15 The defendant no.1 filed trademark application for THUKRAL as is reflecting on the Register of Trade Marks under application no. 2432586 in class 21 and the same got abandoned. The user claimed therein by the defendant No. 1 in the application no. 2432586 and in subsequent applications is false. The defendant no. 1 has filed another application for the registration of the impugned mark under application no. 2432588 which is also abandoned. The application for registration for the trademark under application no. 2432589 also stands abandoned. The label filed for registration under CS (Comm.)/870/2024 Page 9 of 22 -- 9 of 22 -- application no. 2432590 stands abandoned. The other application filed for registration under application no. 2432591 stands abandoned. Audaciously, the defendant no. 1 has also applied for the trademark application for the registration of the trademark under application no. 5247353 in class 21, which is under opposition. The said defendant has applied and flooded the Trade Marks Registry with applications i.e. 5247354 for KS THUKRAL CLASSIC, 5247355 for THUKRAL ULTIMA, 5247356 for THUKRAL XL, 5247357 for the trademark THUKRAL JUNIOR and 6442634 for THUKRAL which are either pending or opposed. 2.16 The defendant no. 2 has also applied for the impugned mark THUKRAL for the tea in class 30 under application no.6442634, which is also invalidly registered and one in class 35 under application no. 3634726 for different goods and services It verily proves that the defendants have never been in the business of goods falling in class 21 but in goods falling in class 30 and 29 and if any for brooms that is raw and without any branding. The defendants have no right to adopt and use THUKRAL in the course of trade and business. The CS (Comm.)/870/2024 Page 10 of 22 -- 10 of 22 -- plaintiff has recently come to know that the defendant no. 1 has filed a suit being CS (COMM) 902 of 2022 against one Mr. Suresh Sharma before Commercial Court (West), Tis Hazari Court, Delhi, malafidely claiming right in THUKRAL, which is false and illegal. 2.17 Thus, it is alleged that the defendants have dishonestly and malafidely adopted impugned mark/ trade name THUKRAL, THUKRAL ENTERPRISRS, THUKRAL IMPEX and its variants namely , , , , , KS THUKRAL CLASSIC, THUKRAL ULTIMA, THUKRAL XL, THUKRAL JUNIOR, THUKRAL JUNIOR, which are identical and /or deceptively and confusingly similar to the trademark/ trade name THUKRAL / THUKRAL SONS of the plaintiff, thereby causing confusion and deception amongst the unwary purchasing public and traders by making them believe that the origin of those goods is that of the plaintiff. It is further averred that by doing so, the defendants are not only damaging the reputation and CS (Comm.)/870/2024 Page 11 of 22 -- 11 of 22 -- goodwill of the plaintiff by passing off their substandard products as that of the plaintiff but are also causing financial loss to the plaintiff by reaping unfair advantage of the repute and distinctive character of the said trademarks/labels of the plaintiff. 3 On these grounds, by way of application under Order XXXIX Rules 1 & 2 CPC, the plaintiff has, thus, sought an ex parte ad interim injunction thereby restraining the defendants and all acting on their behalf from passing of their impugned goods and business using impugned mark THUKRAL, THUKRAL ENTERPRISRS, THUKRAL IMPEX and its variants namely , , , , , KS THUKRAL CLASSIC, THUKRAL ULTIMA, THUKRAL XL, THUKRAL JUNIOR, THUKRAL JUNIOR or any other mark, which is/are identical and /or deceptively and confusingly similar to registered trademark/ name THUKRAL / THUKRAL SONS of the plaintiff. 4 I have already heard Sh. Dharmendra K. Yadav Advocate, for the plaintiff and have duly considered the submissions made by him. I have also gone through the material CS (Comm.)/870/2024 Page 12 of 22 -- 12 of 22 -- available on record including the plaint and the documents relied upon by the plaintiff. I have also gone through the photographs/comparative analysis of the plaintiff's and defendants’ trademarks, which are annexed with the plaint. PLAINTIFF’S ARGUMENTS: 5 It is submitted by Ld. Counsel of plaintiff that the plaintiff through its predecessors is honest, bona fide and prior adopter and user of the said trade mark / trade name THUKRAL/ THUKRAL SONS. It is also contended that the plaintiff has been using the said trade mark/ trade name through its predecessor since 1957 and through himself since 1983 continuously, openly, commercially during the course of trade. Thus, being prior adopter / user of said trade mark/ trade name, the plaintiff is entitled to protection. Hence, it is prayed that an ex parte ad interim injunction may be granted in favour of the plaintiff and against the defendants restraining them from using the said impugned trade marks/ labels/ word marks. ANALYSIS & FINDINGS 6 Before adverting to the present case, it is relevant here to note down certain principles of law. The broad principle on which the foundation of the right to restrain the user of a similar name, was enunciated in “British Vacuum Cleaner Co. Ltd. Vs. New Vacuum Cleaner Co. Ltd.” (1907) 2 Ch. 312 referred to and relied upon in “Office Cleaning Services Limited Vs. Weiminster Office” as under: CS (Comm.)/870/2024 Page 13 of 22 -- 13 of 22 -- “The foundation of the right to restrain the user of a similar name is the principle that no one is entitled to represent his business or goods as being the business or goods of another by whatever means that result may be achieved and it makes no difference whether the representation be intentional or otherwise; but a distinction has been and must always be drawn between cases in which the trade name or the part of it in question consists of word or words complained of, is or are of the character of a fancy word or words and primarily have no relation to such business or article but only to the person carrying on the business or dealing in the article”. 7 It was in view of this principle that their Lordships held that “if it can be established that the descriptive word or words has or have acquired among the public, or that class of the public likely to deal with the business or goods in question, a subsidiary or secondary meaning denoting or connoting the business or the origin of the article, the person claiming to restrain the user of that word or those words, can obtain the relief he seeks. 8 The word “ mark” has been denied in the Trade Marks Act, 1999 as under:- “2. Definition and interpretation - (1) In this Act, unless the context otherwise requires: (m) “mark” includes, a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof”. 9 The word ‘ trade mark’ has been defined in S. 2 (zb) of the Trade Marks Act, 1999 as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and a registered trade mark or a mark used in relation to goods or services CS (Comm.)/870/2024 Page 14 of 22 -- 14 of 22 -- for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and if any mark is used in relation to other provision of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark. 10 Now coming back to the case in hand. JURISDICTION: 11 Firstly, as regards jurisdiction of this Court, it is submitted by Ld. Counsel of the defendants that the defendants are carrying out trade and business by selling and advertising their impugned goods/products under the impugned trademark within/from the jurisdiction of this Court particularly within New Delhi District, Delhi. Further, the defendant nos. 1 to 3 are carrying on business through defendant No.4, which is situated within the jurisdiction of this Court. Further, the defendants are also carrying on trade and business and are promoting their sale through e-commerce platforms third party online portal namely Justdial. Thus, it is stated that the trade and business of the defendants are being carried out all CS (Comm.)/870/2024 Page 15 of 22 -- 15 of 22 -- over India including in the areas of Naraina, Sagarpur, Mandir Marg Inderpuri, which fall within the territorial jurisdiction of New Delhi District, New Delhi. 12 Further, the said goods of the plaintiff are also sold, displayed and advertised through his website https://thukraljhadu.com/ and also through third party online e-commerce portal like Justdial, IndiaMart and TradeIndia etc. It is stated that the said e-commerce website is interactive in nature and is freely accessible throughout the length and breadth of the Country and goods can also be sold, displayed and purchased through said websites, goods can be delivered to any place including within territorial jurisdiction of this Court. Thus, it is contended that the acts of Passing Off and infringement of trademark are being carried out within the jurisdiction of this Court and hence, part of cause of action has arisen within the jurisdiction of this Court. 13 In view of above, it is argued that the plaintiff and defendants, both carries on trade and business within the jurisdiction of this Court. Thus, this Court has jurisdiction to try and adjudicate the suit under Section 20 of the Code of Civil Procedure. 14 In order to buttress the aforesaid submissions, Counsel of plaintiff has relied upon the following judgments of Hon’ble Division Bench of our own High Court:- 14.1 “RSPL Limited v. Mukesh Sharma & Anr” reported as 2016 (68) PTC 178 [Del] [DB]; CS (Comm.)/870/2024 Page 16 of 22 -- 16 of 22 -- 14.2 “ V Guard Industries Ltd. v. Sukan Raj Jain & Anr.” reported as 2021 (87) PTC 333 [Del] 14.3 " Shree Girirajji And Co. v. Gagan Pagrani Proprietor of Plastica Industries" bearing FAO (COMM) 47/2024, CAV 124/2024 CM APPL. 15789/2024 CM APPL. 15790/2024 decided on 14-03-2024. 15 In view of the aforesaid submissions made on behalf of the plaintiff and the law laid down in above noted judgments, the Court is of the prima facie view that this Court has got territorial jurisdiction to try and entertain the suit. EX PARTE INJUNCTION 16 Now coming to ex parte injunction. The grounds of ex parte injunction is governed by the Order XXXIX CPC. The Order XXXIX Rule 3 reads as under:- 3. Before granting injunction, Court to direct notice to opposite party. - The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to opposite party. 17 The Hon’ble Apex Court in case titled Shiv Kumar Chadha v. Municipal Corporation of Delhi, 1993 SCC (3) 161 held that ex parte injunction without notice to other party should be sparingly done. Therefore, ordinarily rule is issuance of notice to opposite party before granting injunction. 18 Admittedly, trade mark / trade name THUKRAL/ THUKRAL SONS are not registered in favour of the plaintiff as on date. The plaintiff has claimed to be prior / senior adopter since CS (Comm.)/870/2024 Page 17 of 22 -- 17 of 22 -- 1957 through his predecessor and through himself since, 1983. The plaintiff has claimed that he has made various applications for registration of said trade mark/ trade name, whereas it is himself the case of the plaintiff that same are either abandoned and/or is/are at the stage of Formality Check Pass. Moreover, the defendant no.2 has filed opposition to the advertised trade mark of the plaintiff under trade mark application no. 5329298 in class 21 and defendant no.1 is stated to have filed a commercial suit bearing CS (COMM) 902/2022 against one Mr. Suresh Sharma before Commercial Court (West), THC, Delhi, allegedly claiming his right in impugned trade mark THUKRAL, although same is claimed to have been on the basis of false averments. 19 Therefore in the totality of the facts and circumstances and in the interest of justice, the Court is of the considered opinion that at this stage, the plaintiff is not entitled to ex parte ad interim injunction. However, short notice of the application under Order XXXIX Rules 1 & 2 read with S. 151 CPC is hereby directed to be issued to the defendants for next date. Accordingly, the application under Order XXXIX Rules 1 & 2 read with S. 151 CPC with respect to ex parte prayer stands disposed off. APPLICATION UNDER ORDER XXVI RULE 9 20 As regards the application for appointment of local commissioner, it is submitted that in order to preserve the subject matter of the suit, Local Commissioner be appointed and directed to visit the premises of the CS (Comm.)/870/2024 Page 18 of 22 -- 18 of 22 -- defendant no.1 with a view to ascertain the nature and extent of operation being run by the defendants to find out the violation and infringement of rights in the said trade mark/ trade name. Therefore, in the totality of the facts and circumstances of the case, considering the submissions made at Bar and perusal of record clearly shows that appointment of Local Commissioner is indispensable in this case. Consequently, Sh. Shatrughan Singh, Advocate, Enrl. No.D-255/92, mobile No.9811796297 is appointed as Local Commissioner to visit the premises of defendant no.1 situated at K No. 139/104, Gali No. 8, Siraspur, Delhi-110042, in terms of prayed made in the application under consideration, with the following directions:- 20.1 The Local Commissioner shall make an inventory and take into custody all the impugned goods, packaging material and all other material bearing impugned trade mark/ trade name THUKRAL, THUKRAL ENTERPRISRS, THUKRAL IMPEX and its variants namely , , , , , KS THUKRAL CLASSIC, THUKRAL ULTIMA, THUKRAL XL, THUKRAL JUNIOR, THUKRAL JUNIOR or any CS (Comm.)/870/2024 Page 19 of 22 -- 19 of 22 -- mark/ word mark in any form and manner, which is identical and /or phonetically, deceptively and confusingly similar to registered trademark/ trade name THUKRAL / THUKRAL SONS of the plaintiff and/or any other equipment present at the premises of the said defendant used for manufacturing the infringing goods. However, he shall return the seized/ infringed goods to the said defendant or its authorized representative(s) on superdari, upon their furnishing an undertaking that they will produce the goods so seized as and when called upon to do so by this Court. 20.2 The Local Commissioner shall also seize and sign all books of accounts, ledgers, and cash registers, stock registers, invoices, day book etc. of the said defendant and seal them after signing them and after making list of the same, hand over the same to the said defendant against receipt and undertaking of producing it in Court as and when so directed by the Court. 20.3 Local Commissioner shall visit other premises at the identification of the plaintiff where the alleged activities are being carried on by or on behalf of the said defendant or where the impugned goods and/or materials bearing the impugned trademark are expected to be found. 20.4 The Officer In-charge of the Police Station having the local jurisdiction over the place where the CS (Comm.)/870/2024 Page 20 of 22 -- 20 of 22 -- premises of the said defendant are situated, is directed to render all necessary assistance as well as security to the Local Commissioner in carrying out the above directions. 20.5 The Local Commissioner shall also take photographs of the premises of the said defendant as aforesaid, as well as of the infringed material found at the sites. 20.6 If on the date of visit the premises are found locked, Local Commissioner shall break open the same in the presence of police officials of the concerned Police Station after taking the photographs thereof and shall proceed to execute the commission after affixing the copy of summons and complete set of papers on the main gate of the premises. It is made clear that the Local Commissioner shall not do so after sunset and before the sunrise and shall also maintain decency while breaking open the locks to recover the infringing material. 20.7 The fee of the Local Commissioner shall be payable by plaintiff and is tentatively fixed at Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) apart from all other out-of-packet expenses. The fee shall be paid in advance before the visit to the premises of the aforesaid defendant and that too without deducting TDS thereof. 20.8 The Local Commissioner shall visit the aforesaid premises of the said defendant within 15 days from CS (Comm.)/870/2024 Page 21 of 22 -- 21 of 22 -- the date of receipt of this order by him and shall file his report before this Court within one week of the visit to the place thereafter. 21 Accordingly application u/o XXVI Rule 9 CPC read with Order XXXIX rule 7 CPC read with S.151 CPC is allowed and stands disposed off. 22 Dasti order be given to counsel for the plaintiff and to Local Commissioner for reference and compliance. Announced in the open court On 25th day of October, 2024 (VIDYA PRAKASH) DISTRICT JUDGE (COMMERCIAL COURT)-02 PATIALA HOUSE COURTS, NEW DELHI CS (Comm.)/870/2024 Page 22 of 22 -- 22 of 22 --
