King Point Enterprise Co Ltd v. M/S. Maarg (India)

Dr.G.Jayachandran, J.

Heard the learned counsel for the applicant/defendant.

2. This application is taken out to set aside the ex parte decree passed by this Court on 11.10.2018 in the matter arising from the suit filed for injunction restraining the defendant from using deceptively similar character of the plaintiff's trade mark.

3. The contention of the learned counsel for the applicant is that, the applicant is the resident of Taiwan. The suit summon was not served on them. Based on the private notice served on the defendant in the interlocutory application has deemed it as completed service and set the defendant ex parte on 18.09.2018. Thereafter on 11.10.2018, ex parte decree was passed. Only after showing the paper advertisement placed by the plaintiff, the defendant has come to know about the suit filed by the plaintiff and ex parte decree was passed in it.

4. Verification of the Court records substantiates the submission made 1/3

by the applicant, therefore, this Court in order to provide an opportunity to the applicant/defendant the ex parte decree passed on 11.10.2018, is set aside.

5. The learned appearing for the respondent/plaintiff submits that till the disposal of the suit by setting aside the decree, the interim relief enjoyed by the plaintiff should not be disturbed.

6. Considering the submission and the balance of convenience involved in this case, the request of the learned counsel for the plaintiff is accepted. While setting aside the decree passed by this Court on 11.10.2019, consequently, the suit is restored on file. The interim order granted by this Court shall continue till 15.02.2020. Meanwhile the defendant shall file the Written Statement.

05.12.2019 rpl 2/3

Dr.G.Jayachandran, J.

rpl 05.12.2019 3/3