Nestle India Limited vs Moods Hospitality Private ...
2008 Latest Caselaw 1079 Del

*              HIGH COURT OF DELHI AT NEW DELHI

+                         FAO (OS) 279/2008


       NESTLE INDIA LIMITED                    ..... Appellant
                      Through Mr.Hemant Singh with Ms.Mamta
                      Rani Jha, Advocates

                         versus

       MOODS HOSPITALITY PRIVATE LIMITED     ...... Respondent

Through Mr.Neeraj K. Kaul, Sr.Advocate with Mr.Naveen Kumar, Mr.Ashish Wad and Mr.Suchinto Chatterjee, Advocates

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE S.MURALIDHAR

1. Whether reporters of the local papers be allowed to see the judgment ?

2. To be referred to the Reporter or not ?

3. Whether the judgment should be reported in the Digest ?

%                            ORDER
                             21.07.2008

       After   hearing    the   matter    at   length,   learned     counsel

appearing for the parties made a joint request that the order of

the learned single Judge dated 30th May, 2008 granting temporary

injunction as well as the order dated 9th June, 2008 passed by the

learned Vacation Bench staying the temporary injunction granted

by the learned single Judge be set aside and the learned single

Judge be requested to decide the IA itself i.e. IA No.7040/2008,

expeditiously. While staying the temporary injunction granted by the learned single Judge, the learned Vacation Bench had

observed that that learned single Judge should have given an

opportunity to the appellant to file reply to the injunction

application before reaching the conclusion that the appellant had

not been able to explain as to how it came to use the expression

"Yo!" on its packaging.

Accordingly by consent of the parties, the order dated 30th

May, 2008 and the order dated 9th June, 2008 stand set aside. The

learned single Judge is requested to decide IA No.7040/2008

expeditiously, preferably within a period of four months from

today. The appellant shall file their reply within four weeks.

Rejoinder, if any, may be filed within two weeks thereafter. It is

made clear that this Court has not expressed any opinion on

merits of the case and all contentions that are raised in this appeal

are left open to be raised before the learned single Judge.

The appeal and the pending applications stand disposed of

accordingly.

                                       CHIEF JUSTICE



                                       S.MURALIDHAR
JULY 21, 2008                             (JUDGE)
"v"