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Dorco Co., Ltd vs Durga Enterprises And Anr on 10 November, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~2
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.O. (COMM.IPD-TM) 50/2022
                                 DORCO CO., LTD.                     ..... Petitioner
                                               Through: Ms. Priya Adlakha, Mrs. Bindra
                                               Rana and Ms. Rima Majumdar, Advocates.

                                                       versus

                                 DURGA ENTERPRISES AND ANR           ..... Respondents
                                               Through: None for R-1.
                                               Mr. Alexander Mathai Paikaday, Mr. Srish
                                               Kumar Mishra and Mr. Sagar Mehlawat,
                                               Advocates for Mr. Harish Vaidyanathan
                                               Shankar, Central Government Standing
                                               Counsel for R-2.
                                 CORAM:
                                 HON'BLE MS. JUSTICE JYOTI SINGH
                                                       ORDER

% 10.11.2022 I.A. 18187/2022 (under Order V Rule 20(1) CPC, by Petitioner)

1. Present application has been preferred by the Petitioner under Order V Rule 20(1) CPC for substituted service of Respondent No. 1.

2. It is submitted by learned counsel for the Petitioner that this Court has issued notice to Respondent No. 1 from time to time, on various dates and Petitioner has filed the process fee. Notice has been sent through ordinary process, speed post as well as courier on the address of Respondent No. 1, as reflected in the records of the Trade Marks Registry.

3. It is contended by learned counsel that the address mentioned in the petition is the last known address of Respondent No. 1. According to the learned counsel, Petitioner is unable to serve Respondent No. 1, through the prescribed modes and therefore it is prayed that Petitioner be permitted to effect service by way of publication.

C.O. (COMM.IPD-TM) 50/2022 page 1 of 2 By:KAMAL KUMAR Signing Date:14.11.2022 16:31:44

4. I have heard the learned counsel and perused the application.

5. In the given facts and circumstances as well as the reports on the process sent to the concerned Respondent, there is merit in the contention of the learned counsel for the Petitioner.

6. It is, accordingly, directed that Respondent No. 1 be served by way of publication in the English newspaper, 'The Statesmen', Delhi Edition and in Hindi Daily 'Dainik Bhaskar', Delhi Edition on filing of process fee and publication charges, as per Rule, returnable on 10.03.2023.

7. Application stands disposed of.

                                                                                  JYOTI SINGH, J
                          NOVEMBER 10, 2022/rk




                          C.O. (COMM.IPD-TM) 50/2022                                    page 2 of 2


Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:14.11.2022
16:31:44