LAWS(DLH)-2025-1-2

FMI LIMITED Vs. MIDAS TOUCH METALLOYS PVT. LTD.

Decided On January 08, 2025
FMI LIMITED Appellant
V/S
Midas Touch Metalloys Pvt. Ltd. Respondents

JUDGEMENT

(1.) I.A. 37456/2024 (under Order XXXIX Rules 1 and 2, CPC), I.A. 40948/2024 (under Order XXXIX Rule 4, CPC) and I.A. 42795/2024 (seeking directions) By this judgment, I propose to dispose of the interlocutory application filed on behalf of the plaintiff under the provisions of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter 'CPC') and the interlocutory applications filed on behalf of the defendant (i) under Order XXXIX Rule 4 of the CPC for vacation of the ex-parte ad interim Order dtd. 28/8/2024 and (ii) under Sec. 151 of the CPC seeking leave to sell the existing stocks of the products bearing the mark 'INDEED' that was lying with the defendant.

(2.) The case set up by the plaintiff in the plaint is as under:

(3.) Aggrieved by the aforesaid, the present suit has been filed.