Duke Fashions v. Girish Hosiery Pvt Ltd & Ors

ORDER

28.02.2013 It is agreed that the appeals be disposed of with the following agreed directions

i) The interim orders impugned in the present cross-appeals would continue to operate till the decision before the IPAB and would not in any mimler prejudice the final verdict in the suit and the decision before the IPAB, being prima facie in character.

ii) There are stated to be eleven registrations of Duke Fashions to which rectifications have been filed by Girish Hosiery Pvt. Ltd while in case of one registration of Girish Hosiery Pvt. Limited, the rectification has been frled by Duke Fashions. There is some controversy as to whether all these rectification applications are to be taken up together or separately. This aspect is left to the IPAB.

iii) The pleadings in the rectification application filed by Duke Fashions is stated to be complete while in respect of the eleven rectification applications filed by Girish Hosiery Pvt. Lt4 the rejoinder has to be filed, which shall be filed within four weeks from today. This would ensure completion ofpleadings. 19 The IPAB has long sittings at Chennai though it does visit Delhi for its sittings. We are informed that if parties €Lre agreeable to FAO (OS) Nos.520/201 0, 53912010 and 540/2010 Page2 of3 t/ tlr9 4"'- have the hearing at Chennai, expeditious hearing is possible and thus for that purpose, learned counsel for the parties agree that the hearing of the rectifications applications can take place at Chennai. The appeals accordingly stand disposed of. \l tr-* SANJAY KISHAN KAUL, J ,It INDERMEET KAUR, J v{ FEBRUARY 28,2ol3ldm FAO (OS) NOos.520/2010, 539/2010 and 540/2010 Page 3of3

lL^ l, fr/ * N THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) szOl2OLO DUKE FASHIONS APPellant Through: Ms.Anuradha Salhotra, Mr.Sumit Wadhwa and Mr.Zeeshan Khan, Advocates. versus GIRISH HOSIERY PVT LTD & ORS Respondent Through: Mr. Sagar Chandra and Mr.Umesh Mishra, Advocates. \\'r + FAo(os) 539/2or.o GIRISH HOSIERY PVT LTD & ORS Appellant Through: Mr. Sagar Chandra and Mr,Umesh Mishra, Advocates. VCTSUS DUKE FASHIONS INDIA LTD Respondent Through: Ms.Anuradha Salhotra, Mr,Sumit Wadhwa and Mr.Zeeshan Khan, Advocates, + FAO(OS) s OlzOLO GIRISH HOSIERY PVT LTD & ORS Appellant Through: Mr. Sagar Chandra and Mr,Umesh Mishra, Advocates. versus DUKE FASHIONS INDIA LTD ...., Respondent Through: Ms,Anuradha Salhotra, Mr.Sumit Wadhwa and Mr.Zeeshan Khan, Advocates. FAO (OS) Nos.520/2010,53912010 and 540/2010 Page I of 3 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. ! ;4 t( CORAM: HON'BLE MR. JUSTICE SANJAY IilSHAN KAUL HON'BLE MS. JUSTICE INDERMEET KAT]R