M/S Sudhirbhai Saree Wala Pvt. ... vs M/S Keyal Empire Designs Pvt. Ltd.
2023 Latest Caselaw 347 Del

                                                                Neutral Citation Number: 2023/DHC/000583




                              $~S-9 & 10
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     FAO (COMM) 25/2023 & CM APPLs.3649-3650/2023
                                    M/S SUDHIRBHAI SAREE WALA PVT. LTD.          ..... Appellant
                                                 Through: Mr.Shailen Bhatia, Advocate with
                                                          Ms.Ekta Nayar, Mr.Arnav Chatterjee
                                                          and Ms.Sheril Bhatia, Advocates.

                                                         versus

                                    M/S KEYAL EMPIRE DESIGNS PVT. LTD.                       ..... Respondent
                                                         Through:       Mr.Chander Lall, Sr.Advocate with
                                                                        Mr.Neel    Mason,     Mr.Gurmehar
                                                                        S.Sistani, Mr.Sumit Rajput and
                                                                        Mr.Samit Khosla, Advocates.

                              +     FAO (COMM) 26/2023, CAV 57/2023 & CM APPLs.3652-
                                    3653/2023
                                    M/S SUDHIRBHAI SAREE WALA PVT. LTD.                        ..... Appellant
                                                         Through:       Mr.Shailen Bhatia, Advocate with
                                                                        Ms.Ekta Nayar, Mr.Arnav Chatterjee
                                                                        and Ms.Sheril Bhatia, Advocates.

                                                         versus

                                    M/S KEYAL EMPIRE DESIGNS PVT. LTD.                       ..... Respondent
                                                         Through:       Mr.Chander Lall, Sr.Advocate with
                                                                        Mr.Neel    Mason,     Mr.Gurmehar
                                                                        S.Sistani, Mr.Sumit Rajput and
                                                                        Mr.Samit Khosla, Advocates.


                              %                                         Date of Decision: 25th January, 2023



Signature Not Verified
                              FAO (COMM) 25/2023 & FAO (COMM) 26/2023                             Page 1 of 3
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:27.01.2023
14:19:17
                                                                 Neutral Citation Number: 2023/DHC/000583




                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                           JUDGMENT

MANMOHAN, J: (ORAL) CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SAURABH BANERJEE ORDER % 25.01.2023 CM APPL.3651/2023 (exemption) in FAO (COMM) 25/2023 CM APPL.3654/2023 (exemption) in FAO (COMM) 26/2023

Allowed, subject to all just exceptions. Accordingly, the applications stand disposed of. FAO (COMM) 25/2023 & CM APPLs.3649-3650/2023 FAO (COMM) 26/2023, CAV 57/2023 & CM APPLs.3652-3653/2023

1. Present appeals have been filed challenging the ex-parte injunction order dated 10th January, 2023 passed by the learned District Judge, South District, Saket, New Delhi in CS (COMM) 20 & 21 of 2023.

2. Learned counsel for the appellant-defendant states that the impugned orders are silent as to the claims of the Respondent/ Plaintiff on whether it claims a right in specific borders or material or colour combination or embroidery or its placement or its configurations or figurines but just refers to the Respondent/ Plaintiff original artistic work of a lehenga.

3. He also states that the impugned order has not only jeopardized the entire business of the Appellant, as the appellant had made the lehengas on order but has also 'jeopardized some marriages' as the orders have been placed by ladies who are to get married or who have to attend the marriage.

Signature Not Verified

Digitally Signed By:JASWANT SINGH RAWAT Signing Date:27.01.2023 14:19:17 Neutral Citation Number: 2023/DHC/000583

4. Mr.Chander Lall, learned senior counsel for the respondent-plaintiff, who appears on advance notice, disputes the aforesaid submission. He, however, states that the respondent has no objection if the date of hearing is pre-poned in the matter.

5. Keeping in view the aforesaid as well as the fact that the appellant has an alternative effective remedy of filing an application under Order XXXIX Rule 4 CPC, this Court disposes of the present appeals along with applications with liberty to the appellant to file an application under Order XXXIX Rule 4 CPC in both suits before the Trial Court on or before 27th January, 2023.

6. In the event such applications and reply affidavits to Order XXXIX Rule 1 & 2 CPC are filed within the stipulated time, the respondent-plaintiff shall file its reply and rejoinder within two working days, i.e. on or before 1st February, 2023. Response thereto, if any, be filed on 2nd February, 2023.

7. List the matter before the Trial Court for hearing and disposal of the injunction application as well as Order XXXIX Rule 4 application on 3rd February, 2023. Needless to state, the Trial Court shall decide the matter uninfluenced by any observations made by this Court. The rights and contentions of all the parties are left open. With the aforesaid directions, the present appeals stand disposed of.

MANMOHAN, J

SAURABH BANERJEE, J JANUARY 25, 2023 TS

Signature Not Verified

Digitally Signed By:JASWANT SINGH RAWAT Signing Date:27.01.2023 14:19:17