VOLANS UPTOWN LLC Vs. MAHENDRA JESHABHAI BAMBHANIYA

JUDGEMENT

(1.) The Plaintiff, Volans Uptown LCC, has filed the present quia timet suit seeking various remedies including a Permanent Injunction restraining the Defendant, Mr. Mahendra Jeshabhai Bambhaniya, from passing off goods under plaintiff's trademark "BOTANIC HEARTH" and any other derivatives of this mark.

(2.) The Defendant was duly served with summons via email and also through speed-post at one of the two addresses provided, as evidenced by the Plaintiff's affidavit of service. This service was formally acknowledged in the order dtd. 31/7/2023, by the Joint Registrar. Despite this service, Defendant has failed to appear or submit any written statement in response. The prescribed time frame for filing a written statement, along with the additional condonable period, has now lapsed since the date of service. Consequently, the Defendant's right to submit a written statement is forfeited and they are proceeded ex-parte.

(3.) In view of the above, counsel for Plaintiff presses for a decree against the Defendant under Order VIII Rule 10 of Code of Civil Procedure ('CPC').