VIKAS JAIN Vs. AFTAB AHMAD

JUDGEMENT

(1.) This order shall dispose of two applications: IA No.6155/2005 under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') filed on behalf of the plaintiff and IA No.6349/2005 under Order 39 Rule 4 of the CPC for vacation of the ex-parte injunction granted by this court on 11.08.2005 upon the plaintiff's application IA No.6155/2005.

(2.) In IA No.6155/2005, the plaintiff sought an ad interim injunction for restraining the defendants from manufacturing, selling, offering for sale, directly or indirectly dealing in toy scooters, which are identical to or deceptively similar in their shape, configuration and arrangement of features to the plaintiff's toy scooter registered under design No.194631 under the Designs Act, 2000 (hereinafter referred to as 'the said Act'). By virtue of the ex parte order dated 11.08.2005 passed in the said IA No.6155/2005, the defendants, themselves or through their partners or proprietors, agents, servants, wholesalers, retailers, dealers, distributors and vendors were restrained from manufacturing, selling, offering for sale, directly or indirectly dealing in toy scooters, which are identical or deceptively similar in their shape, configuration to the plaintiff's said toy scooter.

(3.) IA No.6349/2005 has been filed on behalf of the defendants for vacation of this ex parte injunction. Thus, the plaintiff seeks the confirmation of the ex parte order dated 11.08.2005 and the defendants seek its vacation.