GANESH PLASTIC Vs. LAJPAT RAI SOBTI

JUDGEMENT

(1.) Admit. Heard.

(2.) This appeal has been preferred by the plaintiff against the order passed on 30/5/2001 by learned Single Judge deciding an application filed by the defendants under Order 39 Rule 4 read with Section 151 Civil Procedure Code. By the said application the defendants had sought vacation of the ex parte order of injunction passed on 1/5/2001 on the plaintiffs application restraining the defendants from imitating/infringing the design of the plaintiff. Learned Single Judge allowed the application and vacated the ex parte order of injunction. After having vacated the ex parte order of injunction learned Single Judge proceeded to consider the request of defendants for issuing order of injunction against the plaintiff and observed that a case for interim injunction against plaintiff has been made out. Accordingly the plaintiff was restrained from manufacturing and selling the design in question till next date for which date plaintiffs application filed under Order 39 Rules 1 and 2 Civil Procedure Code was to be considered on merits.

(3.) Feeling aggrieved the plaintiff filed this appeal. On 20/6/2001 while issuing notice to the defendants to show cause why the appeal be not admitted an interim order was passed staying the direction made in the impugned order restraining the plaintiff from manufacturing and selling the design in question. The said order is in operation till date. As a result of the impugned order and the order passed on 20/6/2001 as of today there is no injunction operating in favour of the plaintiff against the defendants and the injunction granted in favour of defendants against the plaintiff stands stayed whereas the plaintiffs application seeking injunction against defendants is yet to be decided by the learned Single Judge on merits. We need not go into the merits of the case of either party at this stage except to make certain observations with regard to the procedure adopted by the learned Single Judge while dealing with the application of the defendants filed under Order 39 Rule 4 Civil Procedure Code.