SABU TRADE PRIVATE LIMITED Vs. RAJKUMAR SABU

JUDGEMENT

(1.) In FAO (OS) (COMM) 62/2024, the appellant no. 1 is Kaushalya Devi Sabu. The appellant no. 2 is Gopal Sabu and the appellant no. 3 is Sabu Trade Private Limited ('STPL'), incorporated on 5/5/1993, wherein the appellants no. 1 and appellant no. 2 are Directors. The respondent i.e., Mr. Rajkumar Sabu and appellant no. 2 are sons of (Late) Smt. Chandrakanta Sabu (mother). In FAO (OS) (COMM) 61/2024, the appellant is STPL and the respondent no.1 is Rajkumar Sabu. For the purpose of convenience, we shall refer to the parties as per FAO (OS) (COMM) 62/2024.

(2.) The present appeals arise from the common order dtd. 5/3/2024 ('impugned order') passed by the learned Single Judge, granting interim injunction in favour of the respondent and against the appellants in relation to the trade mark 'SACHAMOTI' and <IMG>JUDGEMENT_8_LAWS(DLH)10_2025_1.jpg</IMG> label in CS (COMM) No. 761/2016 and CS(COMM) No. 97/2020 whereby I.A. No. 7624/2016 in CS(COMM) 761/2016 filed by the respondent under Order XXXIX Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") was allowed and I.A. No. 13439/2023 in CS (COMM) 97/2020 filed by the appellant was rejected. Thereafter, during the pendency of the present appeals, vide order dtd. 22/3/2024, this Court granted status quo ante to the appellants while asserting that this is a family dispute and till the pendency of the appeals, the position which existed prior to 5/3/2024 must prevail.

(3.) Before going into the merits of the present appeals, we shall briefly narrate the factual background of the lis. The respondent herein, has filed a suit numbered CS(COMM)No.761/2016 before the learned Single Judge of this Court against the appellants from which an order dtd. 10/6/2016 has emerged. In this, the respondent had obtained an ex-parte ad-interim injunction and the appellants were restrained from using the trade mark 'SACHAMOTI' and [XXXXXXXXXXXX] label. The said interim order was confirmed on 22/1/2019 by the learned Single Judge.