JALEEL ASSOCIATES Vs. HOTEL SAGAR

JUDGEMENT

(1.) The defendants in O.S. No.2/2004 on the file of the Addl. District Court, Kozhikode are the appellants in this appeal filed under O.43 R.1(r) of C.P.C.

(2.) The aforementioned suit filed by the respondent herein is one for a perpetual injunction restraining the defendants and their men from using the words 'Sagar Inn' and particularly using the name 'Sagar' denoting the name of the concern shown as the second defendant and also from using the word ' Sagar' written in the same mode and style as has been done by the plaintiff from 1978 onwards in its sign boards, hoardings, bills, visiting cards and advertisement etc. or using such other name or service as is deceptively similar to "Hotel Sagar" of the plaintiff for denoting the 2nd defendant or any hotel or restaurant or any other concern of the first defendant.

(3.) As per I.A. No. 1178/2004 the respondent/plaintiff also prayed for a temporary injunction in terms of the aforesaid prayer in the plaint. The Court below after hearing both sides as per order dated 25.9.2004 confirmed the ad interim injunction already granted. It is the said order which is assailed in this appeal.