ASHIM GUJRAL Vs. KUVAM GUJRAL

JUDGEMENT

(1.) By way of the present judgment, I propose to decide the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) for grant of interim injunction pending the disposal of the suit and the application filed on behalf of the defendant No.1 under Order XXXIX Rule 4 of the CPC seeking vacation of the ex parte ad interim injunction granted on 16/12/2021, in favour of the plaintiffs.

(2.) The plaintiffs have filed the present suit seeking permanent injunction against the defendants from infringing/passing off, inter alia, the trademarks, copyright of the plaintiffs and other ancillary reliefs. In the suit, it has been pleaded that:

(3.) The suit came up for hearing before the Court on 16/12/2021, when, finding a prima facie case in favour of the plaintiffs, this Court was pleased to pass an ex parte ad interim injunction order restraining the defendants from using the trademarks 'MOTI MAHAL', 'MOTI MAHAL DELUX', 'MOTIMAHAL CAFÉ' and MOTI MAHAL (stylised), formative marks or any other marks deceptively similar to the plaintiff's registered marks.