KASHUDHAN KUTIR UDYOG Vs. HINDUSTAN UNILEVER LTD.

JUDGEMENT

(1.) CM No.23322/2015 (Exemption)

(2.) There is a delay of 193 days in filing the appeal against the impugned order dated 01.12.2014, which has been passed by the trial court, in an application preferred by the respondent / plaintiff under Order 39 Rule 1 & 2 of the CPC, and on an application filed by the appellant / defendant under Order 39 Rule 4 of the CPC.

(3.) That apart, the learned counsel for the appellant /defendant says that while he does not dispute the fact that the trademark (word mark per se) of the parties is similar, his only submission before me, is that, the respondent / plaintiff is not an owner of the trademark.