MANORMA FOODS Vs. KEWAL KRISHAN KUMAR

JUDGEMENT

(1.) CMS 8352, 8353/2004 in CM (Main) 848/2004 Exemptions are allowed subject to just exceptions. CM (Main) 848/04 & C Ms 8350, 8351/2004 Heard. The respondent herein/plaintiff has filed a suit for a permanent injunction restraining infringement of trade mark, passing off, rendition of accounts etc. against the petitioner herein/defendant claiming his own rights in the trade mark SHAKTI BHOG for pure desi ghee. It appears that parties have been issuing advertisements' in the various newspapers to promote their respective products. Petitioner's grievance against the caution notices issued by the respondent herein in the various newspapers is that in one of such caution notices, petitioner herein/defendant's name figures for having committed violation of the rights of the plaintiff/respondent herein. Petitioner herein/defendant has filed an application before the learned trial court restraining the plaintiff from publishing such caution notices. In the said suit and counter claim, the parties have moved applications for interim injunctions against the other and which applications are now fixed for disposal on 24th July, 2004. Under these circumstances, learned trial court is directed to take up the application under Section 39 Rules 1 & 2, CPC filed by the plaintiff and the application filed by the petitioner for restraining the plaintiff from publishing such caution notices alongwith counter claim filed by the petitioner herein/defendant together on the next date and dispose them of ex-peditiously.

(2.) WITH these directions, petition and applications stand disposed of accordingly.