TATA SONS LIMITED Vs. D. SHARMA

JUDGEMENT

(1.) The Plaintiff has filed the present suit for permanent injunction restraining the Defendants from infringement of trademark, passing off, damages rendition of accounts and delivery up.

(2.) Along with the suit the Plaintiff has also filed the application for interim injunction being I.A. No. 2672/2008 under Order 39 Rule 1 and 2. The suit as well as the application was firstly listed before the court on 29.02.2008 and the court passed the interim order relevant portion of which reads as under:

(3.) The Defendants were served however no one appeared on behalf of the Defendants and they were proceeded ex parte vide order dated 01.08.2008. The Plaintiff was given time to adduce the ex parte evidence by way of affidavit. The Plaintiff adduced the ex parte evidence by way of two affidavits. One of them was that of Mr V. Gurumoorthi (exhibit PW-1/A). The Board Resolution in his favour is filed as exhibit PW-1/1.