Lumax Industries Ltd has moved the suit to Delhi High Court to restrain Hindustan Auto Industries Ltd concerning a dispute on purported trademark infringement and device marks. Already the dispute is pending in trial court, which is stated by the petitioner Lumax.

Yesterday, Justice Jyoti Singh, while allowing the petition, clarified that the court had not expressed any opinion on the merits of the case and the trial court shall decide the applications independent of any observations or narrative of facts given in the present order, which are limited to the disposal of the present petition.

Further, it directed the trial court to take up the petitioner’s application under Order 39 Rules 1 and 2 CPC for ex parte and interim injunction and an application for the appointment of a Local Commissioner on Tuesday.

The petition contended that the suit was listed on various dates before the trial Court where, for one reason or the other, while summons was issued, applications were filed; however, the appointment of the Local Commissioner was not being heard.

It is averred that after that, the matter was listed ‘for orders’ on the multiple pending applications, but the same was not passed, and the trial court again issued summons and notice in the applications.