Date of judgment
Judge
Amit Bansal
Outcome
Suit decreed

Headnote

Summary judgment under Order XIII-A CPC read with Rule 27 of the IPD Rules, and the suit decreed with a permanent injunction, damages of Rs. 5,00,000 and actual costs. The Local Commissioner had found 253 counterfeit items at the defendant's premises, and the defendant's own invoices showed sales of more than Rs. 29,00,000. The written statement contained bare averments unsupported by documents and the defendant stopped appearing. Following Su-Kam Power Systems, the Court held that trial is no longer the default in commercial suits and that a summary judgment may be given where the defendant has no realistic, as opposed to fanciful, prospect of success.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.