J K OIL INDUSTRIES Vs. ADANI WILMAR LIMITED

JUDGEMENT

(1.) Ia 13187/2014 (u/S 124 Trade Marks Act)

(2.) I have heard the learned counsel for the parties and have examined the file.

(3.) Present suit under Sections 134 and 135 read with Section 27(2) of the Act; Copy Right Act, 1957, has been instituted by the plaintiff for permanent injunction restraining infringement, passing off, rendition of accounts, etc. against the defendant. By an order dated 08.01.2010 in IA No.107/2010, the defendant was restrained from using, selling, soliciting, exporting, displaying and advertising the infringing mark appended at page No.4 of the documents filed by the plaintiff till the next date of hearing. By an order dated 10.02.2010 in IA No.107/2010 (u/O XXXIX Rule 1 & 2 CPC, by the plaintiff) and IA No.1405/2010 (u/O XXXIX Rule 4 CPC, by defendant), this Court by a detailed order dismissed IA No.107/2010 and allowed IA No.1405/2010. FAO(OS) No.213/2010 to challenge the said order resulted in dismissal. SLP came to be dismissed by an order dated 07.07.2010.