AMPA CYCLES PRIVATE LIMITED Vs. JAGMOHAN RATRA

JUDGEMENT

(1.) This appeal, under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC), impugns the Order dated 17th March, 2021 of the learned Single Judge of this Court, confirming the interim injunction granted in favour of the respondent/plaintiff in I.A. No.12625/2020 under Order XXXIX Rules 1&2, CPC and dismissing I.A. No.1394/2020 under Order XXXIX Rule 4, CPC of the appellant/defendant, M/s Ampa Cycles Private Limited (company) in CS(COMM) No.569/2020 filed against the appellant/defendant company for permanent injunction to restrain passing off of trade mark and for ancillary reliefs.

(2.) The appeal first came up before this Bench on 18th May, 2021 when the counsel for respondent/plaintiff, appearing on advance notice stated that the complete paper book had not been received, and the matter was adjourned to 28th May, 2021, on which date the counsels were heard and orders were reserved. Both parties were also granted liberty to file notes of arguments along with copies of judgments to be relied upon, which have been duly filed by both sides.

(3.) It must be noted that initially, the learned Single Judge had granted an ad interim injunction in favour of the respondent/plaintiff vide Order dated 23rd December, 2020 till the next date of hearing, against which the appellant/defendant company had filed FAO(OS)(COMM) 9/2021. On 05th February, 2021 it was brought to the notice of the Division Bench hearing the appeal that an application under Order XXXIX Rule 4, CPC had been filed for modification/vacation of the Order dated 23rd December, 2020. Accordingly, while disposing of the appeal vide Order dated 05th February, 2021, the Division Bench requested the learned Single Judge to hear and decide the said application on the next date of hearing.