H. S. SAHNI Vs. MUKUL SINGHAL

JUDGEMENT

(1.) The parties have filed the present intra-court appeals impugning an order dtd. 2/9/2019 (hereafter 'the impugned order') passed by the learned Commercial Court in C.S. (COMM) no. 146/2019, whereby the application preferred by Mr. Mukul Singhal and M/s M.G. Cables (India)] [the appellants in FAO (COMM) 89-2021] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') was partly allowed and the application filed by Mr H.S. Sahni / M/s M.K. Auto Sales Corporation's [the appellant in FAO (COMM) 88-2021] under Order XXXIX Rule 4 of the CPC, was dismissed.

(2.) By the impugned order, the learned Commercial Court restrained Mr. H.S. Sahni / M/s MK Auto Sales Corporation, its associates, agents etc. from using the trademark "M.G. Cable" and its artistic feature and copyright vested in the trade dress and artwork of the label "M.G. Cable" but declined to grant injunction against use of the marks "M.G." and "M.G.I" by M/s MK Auto Sales.

(3.) The appellants in FAO(Comm) 89/2021 (hereafter referred to as 'the Appellants') assail the impugned order to the extent, their prayer for interim injunction restraining H.S. Sahni / M.K. Auto Sales Corporation (hereafter 'H.S. Sahni') from using the trade mark "M.G" and "M.G.I" was denied.