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1. This appeal assails order dated 4/5 June 2025, passed by the
learned District Judge (Commercial Court-02)1 in CS (Comm)
391/2024.
2. By the impugned order, the learned Commercial Court has
dismissed CS (Comm) 391/2024, instituted by the appellant, under
Order VII Rule 11 of the CPC2, on the ground that it did not disclose
any sustainable cause of action, on the basis of which the suit could be
maintained.
3. The facts are not in dispute.
1 “the learned Commercial Court” hereinafter
4. The appellant claimed to be manufacturing and selling articles
of tobacco, matchboxes, supari, pan masala, mouth freshener, aerated
water and non-alcoholic drinks, among other goods, under the trade
marks “SHUDH, SHUDH PLUS and SHUDH PLUS ULTRA
LABEL”. The plaint refers to these marks, collectively, as the
“SHUDH formative trademarks/labels”.
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