JITENDER MAHAWAR Vs. STATE

JUDGEMENT

(1.) Present suit has been filed by the plaintiffs for permanent injunction restraining infringement of copyright, trademark, passing off, rendition of accounts of profit, damages and delivery up. Summons in the suit and notice in the application under Order XXXIX Rule 1 & 2, were issued on 23.12.2011 and 20.01.2012. On an application for appointment of local commissioner filed by the plaintiff, a local commissioner was appointed. Defendants entered appearance on 15.03.3012 and sought time to file the written statement and reply to the interim application. Defendants failed to file their written statement and reply to the interim application, therefore their right to file the same was closed vide order dated 29.05.2012 and on the same date, defendants were proceeded ex parte. Plaintiff's evidence was concluded on 17.12.2012.

(2.) Further, plaintiffs filed an application under Order XXXIX Rule 2A and notice was issued in the said application to defendants through e-mail on 19.12.2012. None appeared for defendants, therefore, bailable warrants in the sum of Rs. 5000/- were issued against defendant no.1 vide order dated 15.07.2013. Bailable warrants could not be executed as defendant no.1 was not found at the addresses that was given. Vide order dated 10.10.2013 the bank account of defendant no.2 with Karnataka Bank was frozen.

(3.) Plaintiffs have filed affidavit by way of evidence of Mr.Somanath Ballari (PW1), constituted attorney of plaintiffs. Affidavit of PW1 has been exhibited as Ex. PW1/A. The copy of Power of Attorney dated 25.02.2011, 12.05.2011 and Letter of Authority dated 3.10.2011 have been exhibited as Ex.PW1/1, Ex.PW1/2 and Ex. PW1/3, respectively.