RAJNI INDUSTRIES Vs. BHARTIYA DHOOP KARYALAYA

JUDGEMENT

(1.) IA.8429/99 is an application, filed by the plaintiff under Order XXXIX Rules 1 & 2 Civil Procedure Code for continuance of interim order. IA.8591/99 is an application, filed by the plaintiff under Section 24 of the Civil Procedure Code seeking transfer of the Suit No.112/99, filed by the defendant in the Court of Additional District Judge for being tried with the present suit. This matter had come up on 25th of August, 1999 when by an ex-parte interim order, this Court restrained the defendants or anyone acting on their behalf from taking any proceedings against the plaintiff on the basis of the plaintiff's mark "T-Series Bhakti Sagar Gopal Dhoop" on the basis of the violation of the Trademark No.158747. It is this ex-parte ad-interim injunction order which is sought to be confirmed/vacated by the present application, i.e. 2.IA.8429/99. The plaint avers as follows;

(2.) The defendant has contended as under:

(3.) In my view the question which needs determination in this application is whether the initiation of a legal proceeding can amount to a 'threat' within the meaning of Section 120 of the Act and whether the filing of a suit by the defendant as a registered user for the infringement of its registered mark brings into operation S. 120 (2) making S.120 (i) inapplicable .