(1.) This hearing has been held through video conferencing.
(2.) The present petition has been filed challenging the impugned order dated 4th February, 2020 by which the application under Order VI Rule 17 CPC filed by the Petitioner/Defendant (hereinafter, "Defendant") has been dismissed by the Commercial Court.
(3.) The brief background is that the Respondent/Plaintiff - Mr. Baldev Singh (hereinafter, "Plaintiff") filed a suit for infringement and passing off in respect of his trademark in numerical number '687' against the Defendant - Apex Shoe Company Pvt. Ltd. The said suit was first listed on 18th January, 2016 when an ex parte ad interim injunction was granted against the Defendant. In the written statement, the Defendant claimed that the Plaintiff's claim of user from 1998 was incorrect, however, no pleadings in respect of the invalidity of the Plaintiff's registration was taken. The following issues were framed on 15th December, 2016: