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Issues involved: Application under Order 7 Rule 11 CPC dismissed without proper reasoning.
Summary: The petitioner approached the High Court aggrieved by the order of the Additional District Judge dismissing the application under Order 7 Rule 11 CPC. The respondent had filed a suit for injunction under Trade Mark Act and Copyright Act. The petitioner raised objections regarding the maintainability of the suit, including lack of proof of proprietorship, lack of territorial jurisdiction, and improper valuation of the suit. The learned Judge dismissed the application without addressing these objections. The petitioner argued that the order was legally unsustainable due to lack of reasoning. The respondent contended that the order was legally valid. The High Court observed that the order lacked proper discussion and judicial findings on the raised contentions, emphasizing the importance of speaking orders for judicial review. Citing a Supreme Court case, the High Court highlighted the necessity of recording reasons for decisions to ensure justice and proper administration of law. Consequently, the High Court quashed the impugned order and remanded the case back to the learned Judge to consider and provide judicial findings on the petitioner's contentions within a month. This summary provides a detailed overview of the issues involved in the judgment and the High Court's decision to quash the order due to lack of proper reasoning and judicial findings.
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