LAWS(DLH)-2001-1-138

VRAJLAL MANILAL AND COMPANY Vs. BANSAL TOBACCO COMPANY

Decided On January 12, 2001
VRAJLAL MANILAL AND COMPANY Appellant
V/S
BANSAL TOBACCO COMPANY Respondents

JUDGEMENT

(1.) This is an application filed by the plaintiff under Order XXXIX Rules 1 and 2, Civil Procedure Code for confirmation of the ex-parte interim order, passed on 18th of March, 1998. By the said order the defendants, its agents, servants, dealers and representatives were restrained from manufacturing, selling or offering for sale, chewing tobacco under the trade mark "22. The defendant-company seeks vacation of the said order.

(2.) The plaintiff-company has filed the suit for perpetual injunction, restraining' infringement of trade mark and copy right, passing off the trade mark and rendition of accounts etc. against the defendant.

(3.) The case of the plaintiff is as under: