NARESH CONFECTIONERY WORKS Vs. JAIN CONFECTIONERY

JUDGEMENT

(1.) In this suit for permanent injunction seeking to restrain the defendant from carrying on business as manufacturers or vendors of confectionery items under the trade mark "New Kamal/Kamal" in the infringing cartons, the plaintiff, engaged in the business of manufacture and sale of confectionery products under the trade mark "Kamal", has filed an application (IA 9173/01) under Order 39 Rules 1 & 2 of the Code of Civil Procedure (for short the CPC), for temporary injunction to restrain the defendant from manufacturing, selling, offering for sale or otherwise dealing in confectionery items under the impugned trade mark "New Kamal Coconut Bar" or artistic wrapper identical to the plaintiff's trade mark "Kamal".

(2.) IA No.2824/02 has been filed by the defendant under Order 39 Rule 4 CPC, praying for vacation of ad interim injunction granted on 2 7/09/2001.

(3.) This order will dispose of both the applications.