EGLE FOOTWEAR PVT LTD Vs. MILANO IMPEX PRIVATE LTD
LAWS(DLH)-2007-8-380
HIGH COURT OF DELHI
Decided on August 17,2007

EGLE FOOTWEAR PVT LTD Appellant
VERSUS
MILANO IMPEX PRIVATE LTD Respondents

JUDGEMENT

- (1.) This appeal arises out of an order passed by a learned Single Judge of this Court whereby an application filed by the plaintiff-respondent under Order 39 Rules 1 and 2 read with Section 151 CPC has been allowed and the defendant- appellant herein restrained from using the mark EGLE in respect of the footwear or from claiming themselves to be the proprietor of the said mark in any way whatsoever.
(2.) After arguing the matter at some length, learned counsel for the parties submitted that the order under challenge could be set aside and the matter remanded back to the learned Single Judge with a request for a fresh hearing and disposal of the application on merits in accordance with law. In that view, therefore, we consider it unnecessary to set out in detail the backdrop in which the controversy arises, the contentions urged by the parties in support of their respective version or the findings, which the learned Single Judge has recorded, no matter prima-facie. Suffice it to say that the impugned order proceeds entirely on the basis that there is an assignment of the disputed trademark by the defendant in favour of the plaintiff apart from there being an assignment of the said mark in favour of the plaintiff by JSC EGLE COLLECTION, Russia, who, according to the plaintiff, is the original owner of the trademark. Since a number of other aspects that were sought to be urged before us at the hearing by learned counsel for the parties have not been noticed by the learned Single Judge nor has any opinion on those aspects been expressed by the learned single Judge, we would be deprived of the benefit of the findings and opinion of the learned trial Judge, if we were to proceed to hear and finally dispose of the matter on merits. Learned counsel for the parties, therefore, rightly agreed to the matter being remitted back to the trial court for a fresh hearing and disposal of the matter.
(3.) In result, we allow this appeal, set aside the impugned order and direct that the application under Order 39 Rules 1 and 2 of the CPC shall be now placed before the learned Single Judge, who is requested to hear the same afresh and pass appropriate orders in accordance with law. The parties to appear before the learned Single Judge on 27th August, 2007 for further directions. No costs.;


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