Delhi High Court
Flyover Distillers And Bottlers ... vs Om Sons Marketing Private Limited on 9 May, 2022
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO (COMM) 67/2022 & CAV 119/2022 & CM APPL.
21769/2022
FLYOVER DISTILLERS AND BOTTLERS PRIVATE
LIMITED ..... Appellant
Through: Mr Sanjeev Sindhwani, Senior
Advocate with Mr J.V. Abhay,
Ms Rosalyn Malik, Ms Paazal
Arora and Mr Praveen N.
Surange, Advocates
s
versus
OM SONS MARKETING PRIVATE LIMITED
..... Respondent
Through: Mr C.M. Lall, Senior Advocate
with Ms Ananya, Ms Eysha
Marysha, Mr Soumil Gonsalvez
and Mr S. Jain, Advocates
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 09.05.2022
The hearing has been conducted through hybrid mode (physical
and virtual hearing).
Caveat No. 119/2022
Since learned counsel for the respondent/caveator has entered
appearance, the caveat stands discharged.
CM APPL. 21769/2022 (exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:09.05.2022
17:31:15
FAO (COMM) 67/2022
1. The appellant is aggrieved by the non-listing of their
application filed under Section 39(4) CPC apropos an
ex parte injunction passed on 07.04.2022 against them on the
respondent (plaintiff's) application. An amendment order
regarding appointment of Local Commissioner was passed
on 12.04.2022. The order was served on 19.04.2022 by the
Local Commissioner who visited the appellant's premises,
an inventory of stocks was prepared and the stock was
seized.
2. The appellant moved their Section 39(4) CPC application on
27.04.2022 seeking vacation of the ex parte stay. To their
understanding, case was directed to be listed on 02.05.2022
with a noting "To be put up with file". It was subsequently
discovered by the appellant that the date had been modified
to 10.05.2022, which Mr C.M. Lall, learned Senior Counsel
for the respondent says, was the date earlier fixed in the
main suit.
3. The appellant says that it is suffering on the account of
seizure of the stock and the injunction which prohibits sale
of their goods under their in-use label. The urgency for
adjudication is impressed upon by the learned Senior
Counsel for the appellant.
4. The learned Senior Counsel for the respondent has no
objection if the case be taken up tomorrow, as listed, before
the learned Trial Court. He says that within 3 days he will
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:09.05.2022
17:31:15
file his reply and the application could well be disposed-off
by the learned Trial Court within 10 working days.
5. Indeed, the learned Senior Counsel for the parties submit
that they will so request the learned Trial Court.
6. They also submit that they will not take more than 30
minutes each to conclude their arguments.
7. The appeal is disposed-off in the above terms.
NAJMI WAZIRI, J
SWARANA KANTA SHARMA, J
MAY 9, 2022
kks
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:09.05.2022
17:31:15
