TMI Blog2018 (2) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... need to relegate the plaintiff to lead ex parte evidence - the present suit is decreed qua defendant no.3 in accordance with prayer 30(ii) and 30(iii) of the plaint along with actual costs - suit stands disposed off. - CS (COMM) 110/2016 - - - Dated:- 2-2-2018 - Hon'ble Mr. Justice Manmohan For the Plaintiff : Mr.Mohan Vidhani with Mr.O.P.Bansal and Mr.Ashish Singh, Advocates Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e however states that the defendant no.2 has not got any branded goods released from the customs. She points out that the goods bearing the marks LAKME and MAC have been confiscated by the custom authorities. In support of her contentions, she has handed over a copy of the order dated 29th October, 2014 passed by the Commissioner of Customs (Preventive). 4. Learned counsel for defendant no.2 fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsequently, the suit is decreed qua defendant no.2 in accordance with the aforesaid statements. Registry is directed to prepare a decree sheet accordingly. Defendant no.1 is permitted to confiscate and/or destroy the seized goods bearing the mark LOTUS. 9. A perusal of the file reveals that defendant no.3 has already been proceeded ex parte vide order dated 17th August, 2015. 10. At this st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lead ex parte evidence in the form of affidavit by way of examination-in chief and which invariably is a repetition of the contents of the plaint. The plaint otherwise, as per the amended CPC, besides being verified, is also supported by affidavits of the plaintiffs. I fail to fathom any reason for according any additional sanctity to the affidavit by way of examination-in-chief than to the affida ..... X X X X Extracts X X X X X X X X Extracts X X X X
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