SHEIK G.M. Vs. RAJA BIRI PVT. LTD.

JUDGEMENT

(1.) This appeal came up for hearing today. Heard both sides. The dispute is pertaining to alleged infringement of trade mark and name of Raja Biri and Raja Bidi.

(2.) The preliminary objection raised that the appeal will not stand as there is no provision for it against an ex parte interim order cannot be sustained in view of the legal position settled by the Apex Court in A.Venkatasubbiah Naidu v. S.Challappan and Ors. (AIR 2000 SC 3032).

(3.) Before issuance of notice to the defendants/counter petitioners, an ex parte ad interim injunction was granted restraining the defendants from doing their business. The suit was filed on 31/05/2022. Interim ex parte injunction was granted on 01/06/2022 before issuing notice to the appellants/counter petitioners. The defendants/appellants entered appearance and filed their counter on 27/06/2022. But, the matter was not heard on merit within the time schedule of 30 days. It was adjourned to 02/7/2022 and then to 13/07/2022. The appellants/defendants hence filed an application for early hearing under Order XXXIX Rule 3 A C.P.C. But in spite of the said application, the matter was not heard on merit. The trial court in the meanwhile appointed a Commission to collect the materials belonged to the defendants supplied to various shops and afforded police protection to the Commissioner. The Commissioner in turn collected all the materials belonged to the defendants supplied to various shops, with police protection and thereby the trial court has implemented the interim ex parte injunction granted without notice to the counter petitioners, who are the appellants herein.