2023:DHC:2796
requires skill, judgment and discretion and would constitute a game of skill
and would not amount to gambling.
4.
In this background, I shall now proceed to decide the application filed
on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of
Civil Procedure, 1908 (CPC) as well as the applications filed on behalf of
the intervenors seeking to address submissions on the legal issues involved
in the present case.
PROCEEDINGS IN THE SUIT
5.
The present suit, accompanied by an application for grant of interim
injunction and an application seeking exemption from serving the
defendants, was first listed before the Court on 28th February, 2023.
6.
Counsel for the defendants, on seeing the matter in the cause list,
appeared and accepted notice on behalf of the defendants.
7.
Intervention applications in the present suit were filed on 6th April,
2023.
8.
Replies to the application for grant of interim injunction have been
filed on behalf of the defendants no.1 and 2.
9.
Submissions were heard on 28th February, 2023, 6th March, 2023, 7th
March, 2023, 14th March, 2023, 16th March, 2023, 17th March, 2023, 20th
March, 2023, 21st March, 2023 and 24th March, 2023, when judgment was
reserved in the present applications.
I.A. 4515/2023 (R-25 of the Delhi High Court Intellectual Property
Rights Division Rules) and I.A. 4443/2023 (O-I R-8A of the CPC)
10.
These applications have been filed under Order I Rule 8A of the CPC,
read with Rule 25 of the Delhi High Court Intellectual Property Rights
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
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