NADEEM MAJID OOMERBHOY Vs. GAUTAM TANK & ORS

JUDGEMENT

(1.) This intra-Court appeal impugns order dated 25th October, 2016, whereby I.A. No.13305/2016, filed by the appellant, who is plaintiff in CS (OS) No.806/2005, under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (Code, for short), has been dismissed by the learned single Judge.

(2.) The appellant had filed the aforesaid suit for injunction against infringement of trademark and passing off in respect of mark "Postman". Vide order dated 12th December, 2007, the application filed by the appellant being I.A. No. 4575/2005 under Order XXXIX Rule 1 and 2 of the Code, was allowed. This order was thereafter made subject matter of challenge by the first respondent and the second respondent in FAO (OS) No.141/2008.

(3.) During pendency of FAO (OS) No.141/2008, CS (OS) No. 806/2005 was dismissed by the learned single Judge vide judgment dated 24th December, 2010, primarily on the ground that the appellant had not led evidence. Another observation made was that the appellant was trying to prolong the trial on one pretext or the other in view of the interim stay granted in their favour.