BODY CUPID PRIVATE LIMITED Vs. GAURAV BHADANI

JUDGEMENT

(1.) This writ petition is filed by the plaintiff challenging the order passed by LXXXIV Additional City Civil and Sessions Judge, Bangalore in Com.O.S.No.165/2023 for non-granting an order of exparte temporary injunction till disposal of I.A.No.2 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC.

(2.) In the suit, the plaintiff had sought for permanent and perpetual injunction restraining the respondent- defendant, proprietor, partner(s) owners, servant, subordinates, representatives, stockists, dealers, employees, agents and all persons claiming through or under him or acting on his behalf or under his instruction, in any manner, from using the trademark and any other mark identical or similar to petitioner's trademark and trade dress and from manufacturing, selling, advertising, marketing, exporting directly and indirectly bearing the impugned mark.

(3.) Along with the suit, the plaintiff had filed I.A.No.2 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court by order dtd. 2/2/2023 had issued summons to defendant on I.A.No.2, but has not passed any order on I.A.No.2. Being aggrieved by the same, the plaintiff-petitioner is before this Court.