PREETI SUPARIA COMPANY Vs. NARAIN DASS TULSANI

JUDGEMENT

(1.) (ORAL) All these three applications have been taken up for disposal together because they are inter-connected.

(2.) IA No. 4006/2007 is an application under Order 39 Ruler 1 & 2 CPC filed by the plaintiff against the defendants for restraning them from manufacturing, selling, marketing or advertising their confectionery products using the impugned trademarks/labels i.e. GARAM MASALA, LOVE LINE MANGO, AAM MODAK, CHATAK MATAK, PUJABI SANTRA, MIX FRUITS, BALLE BALLE, MIRCH MASALA mentioned in para 4 of the plaint.

(3.) Vide interim order passed by this Court on 04.04.2007, the defendants were restrained from selling, marketing, advertising or using the impugned trademarks/labels mentioned here-in-above. After the defendants were served with the copy of the interim injunction order passed by this Court against them, the defendants filed two separate applications, one is under Order 39 Rule 4 CPC being IA No. 7842/2007 for vacating the ex-parte interim order dated 04.04.2007 and the second is under Order 39 Rules 1 & 2 CPC seeking a restraint order against the plaintiff restraining it from manufacturing, marketing or selling its confectionery products using the similar marks. The defendants have claimed themselves to be the prior users of the impugned trademarks/labels.