U.C. SURENDRANATH Vs. MAMBALLYS BAKERY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of judgment and order dated 05th January, 2016 passed by the High Court of Kerala at Ernakulam in FAO No.2 of 2016 in and by which the High Court has affirmed the order of the Trial Court passed under Order XXXIX Rule 2A of the C.P.C. and also the sentence of imprisonment of one week imposed upon the respondent.

(3.) Brief stated facts are as under. The respondent- Mambally's Bakery filed a suit for permanent injunction restraining the appellant from passing off the goods by using respondent's trade mark "Mambally's Bakery" or any other trade mark deceptively identical or similar to the respondent's mark and also to restrain the appellant from wrongfully selling the product using the trade mark "Mambally's Bakery". The Trial Court Signature Not Verified vide Order dated 04.11.2015 granted the interim injunction and the same was served upon the appellant on 09.11.2015. In the said suit the Trial Court appointed an advocate Commissioner who inspected the appellant's shop on 07.11.2015 and submitted a report on 26,11.2015 wherein the Commissioner stated that the appellant is conducting the bakery and tea shop business and tea cakes and masala cakes are sold using respondent's trade mark "Mambally's Bakery". The Commissioner has also pointed out that a big hoarding with the name "Mambally's Bakery" has been displayed in front of the appellant's shop. Based on the Commissioner's report, upon perusal of the averments made in the counter affidavit and also hearing the parties, the Trial Court came to the conclusion that there is a willful disobedience on the part of the appellant and directed that the appellant be sentenced to undergo imprisonment for one week. Being aggrieved, the appellant has preferred appeal before the High Court which came to be dismissed as aforesaid in para (2).