Aqualite India Limited & ANR v. Crocs Inc Usa

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 361/2017 AQUALITE INDIA LIMITED & ANR ..... Appellants Through Mr. Sandeep Sethi, Sr. Advocate with Mr.

Peeyoosh Kalra, Mr.

C.A.

Brijesh, Ms. Jasmine Malik and Ms.

Anisha Mathur, Advocates.

versus CROCS INC USA ..... Respondent Through Mr. S.K. Bansal, Advocate with Mr. Ajay Amitabh Suman and Mr. Kapil Kumar Giri, Advocates

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 07.09.2017 CAV 790/2017 1.

Counsel appears for the caveator.

Caveat accordingly stands discharged.

C.M. Appl. Nos.32026-27/2017 (Exemptions) 2.

Exemptions allowed, subject to all just exceptions. Applications stand disposed of.

FAO 361/2017 & C.M. Appl. 32025/2017 (stay) 3.

Without going into any depth of respective issues raised by the parties, this appeal is disposed of with the consent order that the operation of the impugned order dated 08.08.2017 for the present is suspended inasmuch as the main injunction application as also the application under Order 39 Rule 4 CPC filed by the appellants/defendants is coming up for hearing

before the trial court on 15.09.2017.

4.

In the facts of the present case, the trial court is requested to expedite the disposal of the application for injunction filed by the respondent/plaintiff and the application under Order Rule CPC filed by the appellants/defendants.

5.

Nothing contained in the ex-parte interim order dated 08.08.2017 will be a reflection on merits of the case of the respective parties and which merits so far as disposal of the injunction applications of the respective parties are concerned would be decided uninfluenced by any observations in the order dated 08.08.2017.

6.

The appeal is accordingly disposed of in terms of the aforesaid order and parties are directed to ensure that they should not ask for adjournment before the trial court for disposal of the injunction applications of the respective parties.

VALMIKI J. MEHTA, J SEPTEMBER 07, 2017 nn