DABUR INDIA LTD. Vs. ALKA AYURVEDIC PVT. LTD.

JUDGEMENT

(1.) IA No. 18291/2015 (of the plaintiff under Order 14, Rule 5 CPC)

(2.) The defendant has opposed the application by filing reply (and to which rejoinder has been filed by the plaintiff) and the counsels have been heard.

(3.) Vide ex parte order dated 17th Dec., 2008, while issuing summons of the suit, on the counsel for the plaintiff citing the judgment dated 4th July, 2008 in FAO(OS) No. 82/2008 titled Pankaj Goel Vs. Dabur India Ltd., 2008 (38) PTC 49 (Del) upholding the ex parte order of injunction restraining the appellant in that case from using the mark "RASMOLA" in relation to the same goods and further upon the counsel for the plaintiff informing that the Special Leave Petition preferred to the Supreme Court against the said judgment of the Division Bench had been dismissed, the defendant till the disposal of the application was restrained from using the trade mark "Pachmola" or any other mark deceptively similar to the trade mark "Hajmola" of the plaintiff in respect of the digestive tablets or other chewing tablets.