SURYA FOOD AND AGRO LIMITED Vs. OM TRADERS

JUDGEMENT

(1.) The appellant has filed the present intra court appeal impugning a judgment dtd. 26/3/2019 (hereafter 'the impugned judgment') passed by the learned Single Judge, whereby the appellant's suit, CS(COMM) 10/2019 captioned Surya Food and Agro Limited v. Om Traders, was dismissed.

(2.) The appellant had filed the above-captioned suit alleging infringement of copyright, passing off, rendition of accounts and damages. The petitioner, inter alia, sought a decree of permanent injunction against the respondent (defendant) from selling, offering for sale any goods, advertising or promoting any product under the packaging, get-up and/or trade dress of the defendant's product 'BUTTER KRUNCH' or any other packaging, get-up and/or trade dress that is deceptively similar to the appellant's product 'BUTTER DELITE'.

(3.) The learned Single Judge declined the appellant's (plaintiff's) prayer for interim relief and at the next effective hearing, dismissed the suit as the Court found that the plaintiff was not entitled to any relief.