V2 CORP Vs. INNOVATIVE TECHPACK LIMITED

JUDGEMENT

(1.) The present suit for permanent injunction, infringement of designs, damages and delivery etc. has been filed by the plaintiff against the defendant in respect of design No.221746 registered as of 17th March, 2009 and design No.253936 registered as of 17th May, 2013. Alongwith the suit, plaintiffs also filed an application under Order 39 Rule 1 and 2 read with Section 151 CPC being I.A. 14725/2014.

(2.) The suit alongwith said interim application was listed before Court on 8th August, 2014. After hearing, detailed ex-parte order was passed against the defendant restraining it from manufacturing, selling, offering for sale, stocking, advertising directly or indirectly dealing in products JAR having a design identical to or a design being an obvious imitation of the designs registered under Design No.221746 and 253936 of the plaintiff No.1 which may amount to infringement of the plaintiff No.1's said designs.

(3.) Upon service of interim order, defendant filed an application under Order 39 Rule 4 for vacation of an ex-parte interim order being I.A. No.16523/2014. By this order, I propose to decide both these pending applications.