NIRMA LIMITED Vs. NIMMA INTERNATIONAL

JUDGEMENT

(1.) This order will dispose of the I.A. Nos. 10535/2008 and 15096/2008. I.A. No. 10535 of 2008 is an application by the plaintiff under Order 39 Rules 1 and 2 for grant of order of temporary injunction restraining the Defendants, their principal officers, servants, agents and representatives from manufacturing, selling, exporting, offering for sale, advertising, directly or indirectly dealing in their products under the trade mark "Nima Care" and/or any other mark which may be identical with or deceptively similar to trade mark "Nirma" and "Nima".

(2.) An ex parte order in favour of the applicant/plaintiff was issued by order dated 02.09.2008 by this Court restraining the defendants and their agents from manufacturing, selling, exporting, offering for sale, advertising, using the trade mark "Nima Care" and "Nirma" and/or any other mark deceptively similar to the trade marks "Nirma" of the plaintiff, till the next hearing. The Court in its order dated 02.09.2008 had observed that:

(3.) The Defendants have filed an application I.A. No. 15096 of 2009 under Order 39 Rule 4 seeking for vacation of the above order.