TEXMO INDUSTRIES REGISTERED PARTNERSHIP FIRM Vs. ROSHAN KUMAR

JUDGEMENT

(1.) A.No.3874 of 2018 in C.S.No.357 of 2017, has been filed by the plaintiff in the suit taking advantage of Order 13-A of the Code of Civil Procedure as amended owing to the introduction of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

(2.) The said Act namely the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act 2015 (4 of 2016) had been introduced by the Parliament to provide for Constitution of Commercial Division in High Courts for adjudicating commercial disputes of specified value and for matters connected or incidental there in to. This Act received the assent of the president on 31.12015. Under the said Act, while expanding the term commercial dispute under Section 2(1)(c), under Sub Section (xvii), intellectual property rights relating to registered and unregistered Trade Marks, Copyright, Patent, Design, Domain names, Geographical indications and semi-conductor integrated circuits have also been included.

(3.) In the said Act, Order 13-A had also been inserted as an amendment to the Code of Civil Procedure. This order relates to summary judgment. Under this order, either the plaintiff or the defendant may apply for summary judgment on the ground that the other party does not have any real prospect of succeeding on the claim and further on the ground that the relief can be granted without recording oral evidence. With that as the basis, the plaintiff in the present suit had filed the present application seeking a summary judgment against the defendant.