MICOLUBE INDIA LIMITED Vs. RAKESH KUMAR

JUDGEMENT

(1.) By this order, I propose to dispose of the two pending applications, one filed by the plaintiff being I.A. No.9537/2011 and other , which is unnumbered filed by the defendant No.3 for vacation of ex parte order filed before the Additional District Judge, New Delhi.

(2.) Originally the suit being Suit No.45/2011 was filed before the District Court, Patiala House, New Delhi against four defendants for infringement of designs, passing off etc. By order dated 9.3.2011 the defendants were restrained from manufacturing the containers used by the defendants on the basis of design registration.

(3.) The plaintiff has filed the present application under Order XXXIX, Rules 1 & 2 read with section 151 of the Code of Civil Procedure, 1908 seeking an ad interim injunction against the defendants (also to its partners, directors, representatives, distributors, assigns, stockiest and all others acting for and behalf) from using selling, soliciting, exporting, displaying advertising or in any other mode or manner dealing with the impugned products of the plaintiff that is engaged in the business of manufacturing Petroleum products, brake and clutch fluid, lubricating oil and greases and other allied products (hereinafter referred to as the said business).