Big Shows Entertainment Pvt Ltd v. Gautam Kapoor

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 409/2017 BIG SHOWS ENTERTAINMENT PVT LTD. ..... Petitioner Through:

Mr. Sumit Nagpal, Ms. Nishika Arora & Ms. Kamna S. Nagpal, Advocates versus GAUTAM KAPOOR ..... Respondent Through:

Nemo.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 25.05.2017 C.M.No. 20247/2017 (u/S 151 CPC) Allowed subject to all just exceptions.

CONT.CAS(C) 409/2017 In a suit under Sections 134 & 135 of the Trade Marks Act, 1999, a temporary injunction has been issued by the trial court vide order of 24th November, 2016. Petitioner seeks to initiate contempt in respect of the said order by alleging that this order is not being acted upon. At the same time, petitioner discloses that order in question i.e. of 24th November, 2016 is sub-judice in appeal and no stay has been granted. Since petitioner has an efficacious remedy by way of filing of an application under Order 39 Rule 1 & 2-A of CPC, therefore, this petition is not entertained. This petition is accordingly disposed of with liberty to Cont.Cas (C) 409/2017

avail of the remedy as available in law.

(SUNIL GAUR) JUDGE MAY 25, 2017 r Cont.Cas (C) 409/2017