MRF LIMITED Vs. NR FARIDABAD RUBBERS

JUDGEMENT

(1.) In a suit for perpetual injunction, restraining the defendants from passing off their goods and business as and for the goods and business of the plaintiff by using the offending trade mark "NRF" or any other trade mark deceptively similar thereto, in relation to tubes used in tyres or any other product and further restraining the defendants from infringing plaintiff's registered trade mark "MRF" by using the impugned mark "NRF" and also for rendition of accounts, the plaintiff, engaged in the manufacture and sale of automobile tyres/tubes has filed an application(IA No.11432/97) under Order 39 Rules 1 & 2 read with Section 151, CPC, seeking temporary injunction to the same effect till the disposal of the suit.

(2.) On being served with summons/notice along with copy of ex parte ad interim injunction, dated 17 December 1997, restraining defendant No.1 from manufacturing and selling scooter tubes and tyres or any other article bearing the trade mark "NRF" or any other trade mark which is deceptively similar to the plaintiff's registered trade mark "MRF", defendant No.1 filed an application (IA No.97/98) under Order 39 Rule 4 read with Section 151, Civil Procedure Code for vacation of the said ex parte order.

(3.) This order will dispose of both the said applications.