Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1234 of 2018 Petitioner :- Upl Limited Respondent :- Vishal Agro Agencies And 10 Others Counsel for Petitioner :- Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J.
The petitioner, which is a Company incorporated under the Indian Companies Act, has brought a suit for infringement of copy right and passing of action against defendant-respondents. In the said suit, an application for interim injunction was also filed. Since the said application has not been disposed of so far and, therefore, the instant petition has been filed seeking a direction to the trial court to decide the said application expeditiously within a time bound period and for issuance of a further direction restraining the defendant-respondents from manufacturing, selling and using mark/logo "GS-10".
Sri Anurag Khanna, learned senior counsel assisted by Sri Swetashwa Agarwal submitted that service of summons on defendants is sufficient. In this regard, the petitioner has already filed a status report before the trial court. However, the trial court is fixing dates for disposal of application 6 Ga i.e. for temporary injunction, but without applying its mind whether service is sufficient or not. He further submitted that because of non disposal of the application for temporary injunction, irreparable injury is being caused to the petitioner.
A perusal of the order sheet reveals that on 22.12.2017 and 12.1.2018 the trial court heard counsel for the petitioner but so far, no orders have been passed on the application for temporary injunction. It is not clear from the order sheet as to whether the defendants have been duly served or not. The trial court, before disposing of the application for temporary injunction, has to ascertain whether the defendants have been served or not.
Having regard to these facts, the instant petition is disposed of by directing the trial court to apply its mind to the fact as to whether the defendants have been served with summons or not and in case, the trial court comes to the conclusion that the defendants have been duly served, it shall proceed to decide the application for temporary injunction expeditiously and preferably within a period of four weeks from the date service is held to be sufficient.
(Manoj Kumar Gupta, J) Order Date :- 27.2.2018/SL