IMRAN AMAN SHARIEFF Vs. M/S.SATHWIKA TRADERS

JUDGEMENT

(1.) Heard appellant's counsel. The learned counsel for the respondents files statement of objections to I.A.No.1/2019. It is taken on record.

(2.) This appeal is filed by the plaintiff aggrieved by the order of the trial Court rejecting his application for temporary injunction and vacating the ex parte order of temporary injunction. In the suit, I.A.No.1 was filed by the plaintiff for temporary injunction and I.A.No.6 was filed by the defendants under Order 39 ,Rule 4 of CPC. The matter pertains to infringement of trademark and copyright of the plaintiff.

(3.) Learned counsel for the appellant has filed I.A.2/2019 under Order 41, Rule 27 of CPC for producing an order passed by the Registrar of Trade Marks. The learned counsel submits that at the time of arguing on I.As 1 and 6 filed in the suit, the said order could not be produced before the trial court as the application made by the respondents seeking registration of trade mark was still pending. The order came to be passed on 26.11.2018. The said order shows that respondents application for registration of trade marks was rejected and in this view it helps the appellant to establish his case for temporary injunction.