- Court
- Delhi High Court
- Date of judgment
- Judge
- Prathiba M. Singh
- Outcome
- Suit decreed
Headnote
Summary judgment and the suit decreed with a permanent injunction against use of the NEW ERA marks and logos, costs of Rs. 4,00,000 and destruction of the seized goods. Local commissioners had recovered infringing caps from the defendant's shop. The defendant's written statement claimed it had merely stocked goods bought from a named third party and had not manufactured or marketed them, but produced no document in support and raised no other substantive plea, so there was no impediment to injuncting it. On procedure the Court followed K.R. Impex, holding that the proviso to Rule 2 of Order XIII-A, which bars an application for summary judgment after issues are framed, is directory rather than mandatory, and that Chapter X-A of the Delhi High Court (Original Side) Rules permits the court to pass summary judgment of its own motion at the case management hearing.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.