RELAXO RUBBER LIMITED Vs. SELECTION FOOTWEAR

JUDGEMENT

(1.) This is a suit for permanent injunction, infringement of copyright and trade mark, passing off and rendition of accounts. Summons were ordered to be issued to the defendants on 14.8.1998 for the next date of hearing which was 14.10.1998. On 14.10.1998 the matter was adjourned to 22.1.1998. On 22.1.1999 a request for time to file Written Statement and Reply was made and an adjournment was granted for this purpose. On 18.3.1999, which was the next date of hearing, yet on another request fur- ther time of four weeks for Filing the Written Statement was granted. When the matter came up on 21.7.1999 before the Joint Registrar(O) it was noted that the Written Statement had not been filed and hence the matter was placed before Court. On 6.8.1998 there was no appearance on behalf of Defendants. In these circumstances, Order 8 Rule 10 was relied upon by the learned counsel for the Plaintiffs and it was pressed before me that the Court should pronounce judgement against the Defendants. Arguments were heard in the suit and judgment was reserved.

(2.) Order 8 Rule 10 reads as under:

(3.) Keeping in perspective the fact that at least four opportunities for Filing Written Statement have not been availed of by the Defendants I feel this is a fit case for invoking the provisions of Order 8 Rule 10. However, since no defence has come forward, it would be, to my mind, the duty of the Court to consider the correctness of the Plaintiffs case. For this reason the plaint as well as documents Filed along with it were perused and arguments were heard on behalf of Plaintiffs.