Decided on January 11,2021

VIPUL Appellant
Akshar Sweets And Namkeen Respondents


Ashokkumar C.Joshi,J. - (1.) The Court is convened through video conference.
(2.) This appeal from order under O.43 R.1 of the Civil Procedure Code, 1908 (CPC) has been filed with a prayer to quash and set aside the order dated 09.10.2020, passed in the Notice of Motion in Exh. 6 in Civil Suit No. 854 of 2020, by the learned Chamber Judge, Court No. 29, City Civil Court, Ahmedabad.
(3.) Heard, learned advocate Mr. Rushang Mehta for the appellants. He submitted that though notice dated 23.10.2020, issued by this Court, is served upon the respondents, they have chosen not to appear. It is further submitted that a very short issue is involved in the matter, with regard to non-granting the ad-interim injunction by the learned trial Court concerned pending the injunction application of the appellants. Accordingly, he urged that, when the notice of this Court has already been served upon the respondents long ago and when they have put in no appearance, present matter may be disposed of with a direction to the trial Court concerned to decide the interim injunction application of the appellants within a time frame, within 3-4 months and till then, the restrain order passed by this Court by order dated 23.10.2020 may be ordered to be continued to operate. He submitted that, before the trial Court also, they have not appeared and they are not using the trademark in question.;

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