M/S Aashiana Rolling Mills Ltd vs M/S Kamdhenu
2017 Latest Caselaw 4523 Del

$~22
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+             FAO(OS) 237/2017, CAV.No.760/2017 &
                     CM Nos.30823-24/2017
%                                  Date of decision : 28th August, 2017

       M/S AASHIANA ROLLING MILLS LTD ..... Appellant
                    Through : Mr. C.M. Lall, Sr. Adv. with
                              Mr. Kapil Wadhwa and Ms.
                              Devyani Nath, Advs.

                          versus

       M/S KAMDHENU LTD                             ..... Respondent
                   Through :            Mr. Akhil Sibal, Sr. Adv. with
                                        Mr. S.K. Bansal, Mr. Ajay
                                        Amitabh Suman, Mr. Kapil Giri
                                        and Mr. Nikhil Chawla, Advs.
       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                          JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE CAV.No.760/2017 As ld. counsel for the caveator has put in appearance, the caveat stands discharged.

FAO(OS) 237/2017 and CM Nos.30823-24/2017

1. The appellant is aggrieved by the order dated 9th of August 2017 whereby hearing in an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by the respondent herein in

CS(OS)No.360/2017 has been postponed to 15th September, 2017.

2. The primary ground of challenge of the appellant rests on the fact that an ex-parte order of injunction dated 15th of June 2017 was passed against the appellant by the trial court in the suit, which was then filed before the Additional District Judge, Saket Courts, New Delhi. By this order, the appellant was inter alia restrained from using, selling, soliciting, exporting, displaying advertising or by any other mode dealing with the design relied upon by the respondent, which was registered as No.250968 in Class 25-01 in relation to steel bar and related/allied products.

3. Mr. C.M. Lall, ld. Senior Counsel appearing for the appellant submits that the goods i.e. TMT rods, are perishable in nature and given the fact that there is a heavy moisture in atmosphere on account of monsoon, the TMT rods which have been manufactured by the appellant and have been lying ready for sale are rusting which may result in depreciation of their market value and may render them unusable. It is submitted that as a result, the appellant could suffer commercial losses of over a crore of rupees.

4. We are of the view that it would not be appropriate for this court to intervene in the matter at this stage and that the appellant deserves to make a prayer for expedited hearing before the ld. Single Judge, seized of the suit bearing CS(OS)No.360/2017.

5. In view thereof, the suit bearing CS(OS)No.360/2017 be placed before the ld. Single Judge on 29th August, 2017 for appropriate orders for expedited hearing on the application for injunction of the respondent. Inasmuch as the respondent is represented before us

today and has been put to notice about the date fixed before the ld. Single Judge, no special notice in this regard is necessary.

6. We are positive that the ld. Single Judge would expedite hearing in the matter.

7. This appeal as well as the applications are disposed of in the above terms.

Dasti under signatures of the Court Master.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J AUGUST 28, 2017 aj