LAWS(SC)-2004-1-125

MIDAS HYGIENE INDUSTRIES PRIVATE LIMITED Vs. SUDHIR BHATIA

Decided On January 22, 2004
MIDAS HYGIENE INDUSTRIES (P) LTD. Appellant
V/S
SUDHIR BHATIA Respondents

JUDGEMENT

(1.) This appeal is against the judgment of the High Court dated 20-9- 2001.

(2.) Briefly stated, the facts are as follows: the appellants filed a suit for passing off and for infringement of copyright. In the suit an application for interim injunction under the provision of Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed. A learned Single Judge of the High Court in order dated 31-7-2001 noted the following facts:

(3.) In view of these facts, the learned Single Judge granted an interim injunction preventing the respondents, their servants, agents, distributors, stockists or any other person acting on their behalf from manufacturing, marketing, distributing or selling insecticides, pesticides as well as insect repellent under the name LAXMAN REKHA as well as packing design having similar colour scheme, get-up, background and colour combination as that of the appellants' copyright.