We are pleased to announce that S. S. Rana & Co. successfully represented the Respondent, R. H. Agro Overseas, before the Division Bench of the Hon’ble Delhi High Court in a trademark appeal raising a short yet significant question of procedural law.
The Situation
The Trial Court, while granting an ex-parte ad-interim injunction restraining the Defendant from using the suit trademark, simultaneously and erroneously disposed of the injunction application, creating an unusual procedural predicament.
The Argument
While conceding the clerical lapse, S. S. Rana & Co. argued that the defect was curable under Section 152 of the Code of Civil Procedure, and that a procedural irregularity of this nature should not deprive a Plaintiff of reliefs granted on the merits of the case.