(1.) Being aggrieved and dissatisfied with the order dtd. 6/5/2019 passed by learned Judge, City Civil Court, Ahmedabad below Exh-6 and 7 filed in Regular Civil Suit No. 262 of 2015 whereby the defendants have been restrained from using the Trade Mark "RAJSHSHREE", "SHEETAL" and "MAYUR" during the pendency of the Suit, the original defendants have preferred this Appeal from Order under Order 43 Rule 1(r) of the CPC.
(2.) The appellants are the original defendants and respondent is the plaintiff before the trial Court. For the brevity and convenience, the parties are referred to in this order as per the character assigned to them before the trial Court.
(3.) The brief facts of the case is that the plaintiff has filed the Suit for declaration, Permanent and perpetual injunction for passing off action of Trade Mark against the defendants. Along with the plaint, the plaintiff has moved the application for interim injunction at Exh-6 and 7 before the trial Court. It is the case of the plaintiff that the plaintiff is a sole proprietorship concern engaged in the business of manufacturing, marketing and selling of Pepsi, Sharbat, juice and cold-drinks since long as household business i.e. very small scale since 1995-96 by adopting brand/ trademark SHEETAL. That thereafter in the year 2000, the plaintiff adopted and started two other brands/ trademarks RAJSHREE and MAYUR for the same business. According to the plaintiff, he is the true owner of the said Trademark SHEETAL, MAYUR and RAJSHREE and is using the same continuously, exclusively and uninterruptedly since then.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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