LAWS(KAR)-2010-4-225

APARANJI INDUSTRIES A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER H.K. BHASKAR S/O H.N. KRISHNAMURTHY Vs. HARI OM FRAGRANCE REPRESENTED BY ITS PROPRIETOR HARSHA GUPTA

Decided On April 08, 2010
Aparanji Industries A Registered Partnership Firm Represented By Its Partner H.K. Bhaskar S/O H.N. Krishnamurthy Appellant
V/S
Hari Om Fragrance Represented By Its Proprietor Harsha Gupta Respondents

JUDGEMENT

(1.) THE appellant has sought for to set aside the order dated 2.11.09 passed by the XVIII Addl. City Civil Judge, Bangalore, in O.S. No. 6150/09 and for such other orders.

(2.) BY the impugned order, the trial Court has dismissed the application filed by the appellant for grant of interim order of temporary injunction, as the appellant could not produce the original documents i.e., Registration certificate as per Rule 61 of the Trademark Rules 2002.

(3.) ACCORDING to the learned Counsel for the appellant, he had to apply before the trade mark authorities to obtain the necessary certificates, which required sufficient time, as such, he could not produce the same at the time of filing the suit and further according to him, he has produced the xerox copies of the said documents before the trial Court.