IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 FAO.No. 127 of 2010() --------------------- I.A.NO.342/2010 in O.S.No.2/2010 on the file of ADDL. DISTRICT COURT (SPL.COURT), KOTTAYAM .................... APPELLANTS/RESPONDENTS/DEFENDANTS ----------------------------------------------------- 1. D.C.BOOKS,GOOD SHEPERED ROAD, MUTTAMBALAM VILLAGE,KOTTAYAM TALUK,KOTTAYAM DISTRICT,REPRESENTD BY ITS MANAGING PARTNER, RAVI.D.C. 2. RAVI.D.C,MANAGING PARTNER,D.C.BOOKS, GOOD SHEPHERED ROAD,MUTTAMBALAM VILLAGE,KOTTAYAM TALUK,KOTTAYAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SRI.BENOY K.KADAVAN SRI.ROSHEN.D.ALEXANDER SRI.PAUL JACOB (P) SMT.INDU SUSAN JACOB SMT.NISHA JOHN SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): PETITIONER/PLAINTIFF ----------------------------------- SAHITHYA PRAVARTHAKA CO-OPERATIVE SOCIETY(SPCS)P.B.NO.94,K.K.ROAD,MUTTAMBALAM VILLAGE,KOTTAYAM TALUK,KOTTAYAM DISTRICT, REPRESENTED BY N.PRADEEP KUMAR. ADV. SRI.KARJET KODUVATH FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ----------------------------- F.A.O.No.127 Of 2010 ---------------------------- Dated this the 22nd day of July, 2010. J U D G M E N T The Apex Court in Shree Vardhman Rice & General Mills v. Amar Singh Chawalwala (2009(10) SCC 257) held as follows: “In our opinion, in matters relating to trade marks, copyright and patents the proviso to Order 17 Rule 1(2) CPC should be strictly complied with by all the courts, and the hearing of the suit in such matters should proceed on day-to- day basis and the final judgment should be given normally within four months from the date of the filing of the suit.” Following the same dictum, the Apex Court in Bajaj Auto Limited v. TVS Motor Company Limited (2009(9) SCC 797) directed the trial court to dispose of the suit at the earliest opportunity. Without going into the merits of the controversy, this Court directs the court below to hear and dispose of the case, at any rate, within a period of six months from today, untrammelled by any of the observations made in the impugned order. Interim order granted by this Court shall continue till the disposal of the suit. HARUN-UL-RASHID, Judge. pm