DHANANJAY RATHI Vs. SHREE VASU STEELS PRIVATE LIMITED

JUDGEMENT

(1.) By way of the present judgment, I shall decide I.A. 6428/2022 and I.A. 10738/2022 filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), for grant of interim injunction and I.A. 7588/2022 filed on behalf of the defendants no.1 to 3 for vacation of interim injunction granted on 28/4/2022 in I.A.6428/2022.

(2.) The suit, as originally filed, had only defendants no.1 to 3 as the defendants. Summons in the suit were issued on 28/4/2022, when an ad interim injunction was granted in favour of the plaintiff, restraining the defendants no.1 to 3 from infringing the trademark RATHI of the plaintiff as well as passing off their goods as that of the plaintiff along with other ancillary reliefs and the Local Commissioners were appointed to visit the premises of the defendants no.1 to 3 to seize and inventorise infringing goods. The relevant portion of the injunction order is set out below:

(3.) Subsequently, I.A. 7588/2022 was filed on behalf of the defendants no.1 to 3 seeking vacation of the ex parte interim injunction granted on 28/4/2022. Notice in the said application was issued on 13/5/2022. Reply has been filed on behalf of the plaintiff.