N PARMAR Vs. PARESH D PATEL

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Single Judge of this Court in Civil Suit No.4 of 2012, whereby the learned Single Judge has allowed the application and has issued direction that the defendant appellant herein, his servants, agents, dealers and distributors are restrained by order of temporary injunction from manufacturing, marketing and using the registered design of Ductable air-conditioners of the plaintiffs, till the final decision of the suit or till such time as the registration thereof remains intact.

(2.) THE short facts can be described in the same manner, as was considered by the learned Single Judge at paragraph 5 of the impugned order, as under:-

(3.) WE have heard Mr.Percy Kavina, learned Sr. Counsel appearing with Mr.Barot, learned Counsel for the appellant original defendant and Mr.Shalin Mehta, learned Sr. Counsel appearing with Mr.Oza, learned Counsel for the respondents original plaintiffs.