ART COMMERCIAL ADVERTISING PRIVATE LIMITED Vs. VICCO LABORATORIES

JUDGEMENT

(1.) HEARD the learned Counsel for both sides.

(2.) IN view of nature of the controversy generated and comparatively deeper arguments having been canvassed on behalf of both sides, it is deemed necessary and proper to record a speaking order even at this threshold of the admission stage so as to understand the thrust of the controversy.

(3.) THE learned trial Judge has answered the preliminary issue and though this conclusion is correct still he has recorded comparatively short order without referring to necessary details including the basic aspect about the recitals of the plaint and nature of the suit and this feature has created a situation requiring this Court to go into the details and in fact the matter was argued by both sides as if at the final hearing stage citing several authorities and therefore instead of admitting and then disposing of the matter, it is examined at this stage itself, which has inevitably resulted in recording a detailed order on par with the one recorded at the final hearing.