ANIL VERMA Vs. ASHOK KUMAR

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) The impugned order dated 17.11.2018 passed by the Court of learned Additional District Judge-05, South-East District, Saket Courts, New Delhi ("ADJ") in Civil Suit/TM No.166/18, declining the ex-parte ad-interim injunction on application of the appellant under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC") and appointment of Local Commissioner, is the subject matter of challenge in this appeal. By the impugned order, the learned ADJ has directed for issuance of summons of suit and notice of the application under Order XXXIX Rule 1 and 2 CPC to the respondent.

(3.) It is the case of the appellant/plaintiff that he is a proprietor of the registered proprietary firm under the name and style "CASH FOR GOLD", which is duly registered under the Indian laws having GSTIN No.07AGPV7635N1ZW (earlier TIN No.07090454431 before GST). He is engaged in a unique business/service of buying and exchange of precious metals, gold, silver, diamond in the form of Jewellery, coins, watches, antiques and other accessories in exchange for cash across India and other allied and related goods. In the year 2012, he honestly and bonafidely adopted the trademarks/labels "CASH FOR GOLD, "GOLD BUYERS" & "WE BUY GOLD" in respect of gold, silver, diamond, antiques and watches. The trademark "CASH FOR GOLD" is also used by him as his trade name. He is the proprietor of the trademarks/labels/trade names "CASH FOR GOLD, "GOLD BUYERS" & "WE BUY GOLD" in relation to the said goods and business.