RAJESH JAIN Vs. AMIT JAIN

JUDGEMENT

(1.) IA No.9398/2014 (O. 39 1 & 2 r/w S. 151 CPC) & 11729/2014 (O. 39 R. 4 r/w S. 151 CPC)

(2.) On service being completed, the defendants moved an application under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (in short CPC), which was numbered as IA No. 11729/2014. Notice in this application was issued by this court, on 02.07.2014. Since then, the defendants have filed their written statement, as well, as directed by this court vide order dated 04.08.2014.

(3.) At the very outset it may be relevant to note that the plaintiff had obtained an injunction from this court, inter alia, based on the similarity of the trade dress and the packaging of the product manufactured and sold by him and that which was manufactured and sold by the defendants. The picture, as appearing in the plaint and in the accompanying document filed, is extracted hereinbelow for the sake of convenience.