Delhi High Court - Orders
Astral Ltd vs Mr Binder Garg & Ors on 26 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~33 to 35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 328/2023 & I.As. 9956/2023, 13670/2023
ASTRAL LTD ..... Plaintiff
Through: Mr. Sachin Gupta, Ms. Prashansa
Singh, Mr. Manan Mondal and Mr.
Rohit Pradhan, Advocates.
versus
MR BINDER GARG & ORS. ..... Defendants
Through: None.
+ CS(COMM) 329/2023 & I.As. 9961/2023, 13671/2023
ASHIRVAD PIPES P LTD ..... Plaintiff
Through: Mr. Sachin Gupta, Ms. Prashansa
Singh, Mr. Manan Mondal and Mr.
Rohit Pradhan, Advocates.
versus
MR BINDER GARG & ORS. ..... Defendants
Through: None.
+ CS(COMM) 330/2023 & I.As. 9966/2023, 13672/2023
THE SUPREME INDUSTRIES LTD ..... Plaintiff
Through: Mr. Sachin Gupta, Ms. Prashansa
Singh, Mr. Manan Mondal and Mr.
Rohit Pradhan, Advocates.
versus
MR BINDER GARG & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 26.02.2024
1. Mr. Sachin Gupta, counsel for the Plaintiffs, contends that the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2024 at 21:32:49 Defendants are manufacturing counterfeit goods. He states that despite substituted service through publication, there is no appearance on behalf of the Defendants. Accordingly, he prays that the suit be decreed against the Defendants under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (CPC).
2. Mr. Gupta further states that in fact an FIR was registered against Defendant No. 1/ Mr. Binder Garg, copy whereof has been placed on record. Since Defendant No. 1 is an accused in the FIR, the Court has queried as to whether any charge sheet has been filed by the investigating agency, which fact Mr. Gupta is not immediately able to confirm. However, he submits that pursuant to the investigation, Defendant No. 1 was apprehended and thereafter released on bail.
3. During the course of the hearing, while reading certain averments set out in the bail application filed by Defendant No. 1, it is noted that the said bail application discloses an address of Defendant No. 1. Upon verifying, Mr. Gupta states that the said address disclosed in the bail application is different from the one stated in the memo of parties. Further, since Defendants No. 2 and 3 are family members of Defendant No. 1, they are also likely to be found at the same address mentioned in the bail application.
4. In light of the above, Mr. Gupta states that he will file another memo of parties disclosing the current addresses of the Defendants and thereafter again attempt service of summons on them.
5. Accordingly, on furnishing of such addresses, let summons be issued to the Defendants, by all permissible modes, returnable on 25th April, 2024 before the Joint Registrar.
6. Let the service be also effected dasti, which the Plaintiff is permitted This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2024 at 21:32:49 to serve with the assistance of the Court where the criminal case is pending against Defendant No. 1.
7. List before the Joint Registrar on 25th April, 2024.
SANJEEV NARULA, J FEBRUARY 26, 2024 as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2024 at 21:32:50