AKAR ENTERPRISES Vs. SRI NANJUNDESWARA TRADERS AND ORS.

JUDGEMENT

(1.) Heard Sri Harikrishna S. Holla, learned Counsel appearing for petitioner/plaintiff and Sri S. Rajendra, learned Counsel appearing for respondent 1/defendant 1. Respondent 2 has been deleted vide order dated 8-4-2015. By consent of learned Advocates appearing for parties, matter is taken up for final disposal. Plaintiff in O.S. No. 4431 of 2009 being aggrieved by order passed by the Trial Court allowing I.A. No. 12 filed by defendant 1 under Section 124(1)(b)(i) of the Trade Marks Act, 1999 (for short, the 'Act') and staying further proceedings in the suit till the proceedings in No. ORA/82/2014/TM/CH initiated by plaintiff against the defendant pending before the Intellectual Property Appellate Board (for short, the 'Board') is disposed of, has filed this writ petition.

(2.) Facts in brief which has led to filing of this writ petition are as under:

(3.) On service of suit summons, defendant appeared filed its written statement and contending specifically that it has obtained approval of its trade mark 'AKASH' and authorities having issued the said trade mark to defendant, they should not be restrained by any order of injunction. Along with plaint an application also came to be filed by plaintiff seeking an order of temporary injunction, which was contested by defendant and said application is said to have been dismissed and plaintiff seems to have not pursued its grievance before the higher forum.