Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v. Vijay Gupta & Ors.
Case brief
What is this about?
FAO (COMM) 170/2025, Delhi High Court, decided 07.07.2025 (C. Hari Shankar & Ajay Digpaul JJ.), Pawan Kumar Mittal (Salasar Dev Basmati House) v. Vijay Gupta & Ors.: appeal against Commercial Court order (CS (COMM.) 331/25, District Judge (Commercial Court)-01, Patiala House, 7 May 2025) refusing ex parte ad interim injunction without reasons; held unsustainable, quashed; applications for waiver of advance service, ex parte injunction and Local Commissioner remitted de novo; passing off/trade mark infringement first-day notice and Local Commission seizure principle relied on from Laxmikant V Patel v Chetanbhai Shah (2002) 3 SCC 65; Order XXIX CPC; entitlement and merits expressly left open.
What did the court decide?
Appeal allowed: impugned order dated 7 May 2025 quashed and set aside; the appellant's applications in CS (COMM) 331/2025 (waiver of advance service, ex parte ad interim injunction, appointment of Local Commissioner) remitted for de-novo consideration to the learned District Judge (Commercial Courts); appellant to appear before the learned Commercial Court on 10 July 2025 at 11 am, and that Court requested to hear the applications the same day and decide expeditiously; the impugned order not to influence the Commercial Court's fresh consideration; copy of the order given dasti.