BIHAR TUBES LTD Vs. GARG ISPAT LTD

JUDGEMENT

(1.) In the captioned application filed by the Plaintiff under the provisions of Order 39 Rules 1 & 2 read with Section 151 of Code of Civil Procedure, 1908 (in short the 'CPC') ad-interim injunction is sought against the defendants in the following terms:- "an order to interim injunction restraining the defendants, partners/promoters as the case may be, directors, servants, agents, franchisees or any one acting for or on their behalf in any manner using the mark "APOLLO" or any other mark identical or deceptively similar to the plaintiff's mark "APL APOLLO" in relation to their manufacturing, trading or any export in any other form whatsoever so as to result in violation of plaintiff's statutory and common law rights."

(2.) The plaintiff has based its action in the background of the following averments made in the plaint/application:-

(3.) In support of the case set out in the plaint and averments made in the interlocutory application, Ms. Kajal Chandra, Advocate drew my attention to the following documents:-