ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
[1.0] By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner herein - original plaintiff has prayed as under:
"(a) This Hon'ble Court may be pleased to issue directions to the Ld. Trial Court, Surat District Court to pronounce Orders against Exh.5 (Interim Application); and,
(b) This Hon'ble Court may be pleased to issue directions to the Ld. Trial Court to expedite the Trial in the Commercial Suit pending before the Ld. Trial Court;"
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[2.0] Learned advocate Mr. Premal Rachh with learned advocate Mr. Jwalit B. Soneji appearing for the petitioner would submit that the injunction application filed by the petitioner herein under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") in Commercial Trademark Civil Suit Nos.38 and 39 of 2021 was heard by the learned 13th Additional District Judge, Surat (hereinafter referred to as
"learned trial Court") way back in the month of May, 2022 and was kept for pronouncement of orders on 30.05.2022. He would further submit that till date the learned trial Court has not delivered the verdict on the said injunction application. [2.1] By relying upon the decision of Hon'ble Apex Court in the case of Shree Vardhman Rice and General Mills v. Amar Singh Chawalwala reported in (2009) 10 SCC 257, learned advocate Mr. Premal Rachh would submit that appropriate orders may be passed.
[3.0] Considering the submission made by learned advocate Mr. Premal Rachh with learned advocate Mr. Jwalit B. Soneji appearing for the petitioner - original plaintiff, we deem it just and proper to allow the present petition with following directions.
Learned Additional District Judge, Surat of the Commercial Court, who has heard injunction application filed by the petitioner under Order 39 Rules 1 and 2 of the CPC in Commercial Trademark Civil Suit Nos.38 and 39 of 2021 pending before the learned trial Court to pronounce the order on injunction application at the earliest but not
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later than two weeks from the date of receipt of the present order and thereafter shall proceed with the commercial civil suits in accordance with the directions issued by the Hon'ble Apex Court in the case of Shree Vardhman Rice and General Mills (Supra). [4.0] With above directions, present petition is disposed of. It is hereby made clear that this Court has not gone into the merits of the case. Direct service is permitted.
(A.J. DESAI, J.)
(RAJENDRA M. SAREEN, J.)
Ajay
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