KRBL Limited v. P. K. Overseas (P) Ltd., 2024 FC 1672
Associate Justice Horne - 2024-10-23
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The plaintiff brought a motion for an extension of time to serve and file submissions in response to a notice of status review, which was dismissed due to non-compliance. The action for trademark infringement was stayed pending resolution in India. The plaintiff's failure to appoint new solicitors despite multiple orders led to delays in responding to court directions, resulting in a notice of status review for potential dismissal for delay. The plaintiff eventually sought an extension through new solicitors, which was opposed by the defendant. The court disregarded improper reply evidence, highlighting that such evidence should have been sought with leave. Failure to act promptly and comply with court orders resulted in the dismissal of the action for delay.
Decision relates to:
- T-1188-15 - KRBL LIMITED v. P.K.OVERSEAS (P) LIMITED ET AL.