Pradeep Bhuwalka vs Raju Vasan & Anr
2021 Latest Caselaw 388 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         (Civil Appellate Jurisdiction)
                              F.A. No. 114 of 2017
                                ......

       Pradeep Bhuwalka                                 ...... Appellant
                                 Versus
       Raju Vasan & Anr.                                ......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ......

For the Appellant : Mr. B. V. Kumar, Advocate For the Respondents : Mr. Sanjay Prasad, Advocate Mr. Abhay Kishore, Advocate

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07/Dated: 27/01/2021.

The Instant First Appeal was preferred on 25.04.2017. The instant First Appeal has been admitted on 05.10.2017 and notice was issued to the respondents.

The Instant First Appeal has been preferred against the judgment and decree dated 22.02.2017 [decree sealed and signed on 02.03.2017] passed by learned Principal District Judge, Dhanbad in Title [Trademark] Suit No.89 of 2015.

The matter was listed after receipt of LCR as well as appearance of respondent Nos.1 and 2 on 24.08.2020 when a prayer was made to adjourn the case, the case was adjourned with a direction to list this appeal two weeks after the lockdown period is over, but the appeal has been listed today i.e. on 27.01.21 under the heading for "Hearing".

Learned counsel for the appellants has submitted that on 25.01.2021, an interlocutory application under Order 41 Rule 1(aa) CPC has been filed and copy of the same has been served upon the counsel for the respondents.

Learned counsel for the appellants in support of his submission has relied upon the judgment of Jayaramdas & Sons vs. Mirza Rafatullah Baig and Others, 2004 (10) SCC 507 and submitted that the document (Exhibit-8) is not complete, as such, the document which has been brought on record by way of interlocutory application may be allowed to be adduced as an additional evidence.

Learned counsel for the respondents, Mr. Sanjay Prasad assisted by learned counsel, Mr. Abhay Kishore has prayed three weeks' time to file counter-affidavit.

Considering the same, list this case after physical court starts. In the meantime, learned counsel for the parties may complete all the pleadings.

sandeep/R.S-                                                      (Kailash Prasad Deo, J.)