H.S. SAHNI Vs. MUKUL SINGHAL

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dtd. 17/1/2022 (hereafter 'the impugned judgment') passed by the learned Single Judge in C.S. (COMM) no. 31/2021. In terms of the impugned judgment, the learned Single Judge stayed the suit preferred by the appellant/plaintiff in terms of Sec. 10 of the Code of Civil Procedure (hereafter 'the CPC').

(2.) The learned Single Judge found that the subject matter of both the suits, that is, CS (COMM) 146/2019 and CS (COMM) 31/2021, "is exactly the same". The learned Single Judge observed that "The concurrent trials will lead not only to the multiplicity of litigation but also to the possibility of contrary decisions where in one suit, one party is allowed to use its trademarks and in the second suit, the same party is injuncted from using the same." and, accordingly, stayed the suit filed before the learned Single Judge.

(3.) The learned Single Judge further declined to pass any injunction against the respondent/defendant, as the learned Commercial Court in CS (COMM) 146/2019 had already granted interim orders against which both the parties had filed their respective appeals [being FAO (COMM) 88/2021 and FAO (COMM) 89/2021].