A single judge order closing an original application for interim relief in a commercial suit. The court rejected the request for adjournment due to the strict timelines mandated by the Commercial Courts Act, 2015, and directed parties to proceed to trial.
Application closed; parties directed to go for trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S. (COMM. DIV.) No.60 of 2022
O.A. No.164 of 2022 in C.S. (COMM. DIV.) No.60 of 2022
ABDUL QUDDHOSE, J.
This application (O.A. No.164 of 2022) is pending before this Court, since 25.03.2022. The applicants are not having the benefit of any Interim Order, till date in this application. The suit filed by the plaintiffs is a Commercial Suit. Under the Commercial Courts Act, 2015, strict time limes have been stipulated. While that be so, the question of keeping this application pending for more than a year will defeat the objects of the Commercial Courts Act. The Commercial Courts Act, 2015 has been legislated only for early resolution of commercial disputes. The pleadings are also complete in the suit. The plaint and the written statement are available and a counter claim has also been filed by the defendant in the suit as seen from the written statement.
For the foregoing reasons, this Court is not inclined to grant an adjournment as sought for by the learned counsel for the applicants / plaintiffs, today, though he may seek for a short adjournment. Therefore, O.A. No.164 of 2022 is closed and the parties can go for trial.
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C.S. (COMM. DIV.) No.60 of 2022
B)
Based on the pleadings of the respective parties, the following issues are framed by this Court :-
upon the registered design No.310835 of the Plaintiff?
patent under No.ZL 2016 3 0590362.0 of
M/s.GUANGZOU CHENBIN PACKAGING MATERIAL PRIVATE LIMITED, CHINA?
Nos.310835 and 310836 deserves to be cancelled based on
the counter-claim by the defendant?
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C.S. (COMM. DIV.) No.60 of 2022
Nos.310835 and 310836 are new, novel and original on the
date of their application? Or whether the same has been used by the plaintiff themselves prior to the date of the application?
Both the learned counsels are directed to file a joint draft Case
Management Schedule on the next hearing date.
Post the matter for Case Management Hearing on 20.11.2023.
07.11.2023
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C.S. (COMM. DIV.) No.60 of 2022
ABDUL QUDDHOSE, J.
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O.A. No.164 of 2022
in C.S. (COMM. DIV.) No.60 of 2022
07.11.2023
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Applicants/Plaintiffs
Parties
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
