JAIN BROTHERS Vs. PATANJALI AYURVED LTD

JUDGEMENT

(1.) This Appeal from Order is filed by the Appellant / Original Plaintiff being aggrieved and dissatisfied with the impugned order dtd. 31/3/2022 passed by the learned 2nd Additional District Judge, Mehsana at Visnagar, below Application Exh.5 in T.M.Suit No. 1 of 2019, whereby the learned Judge has rejected the ad-interim injunction application filed by the Appellant / Original Plaintiff.

(2.) Heard learned Advocate Mr. F.B.Brahmbhatt for the Appellant and learned Advocate Mr. Dhaval Shah for the Respondent / Original Defendant.

(3.) On perusing the order of the learned Trial Court passed below Application Exh.5 in T.M.Suit No. 1 of 2019, it has come to the notice of this Court that the learned 2nd Additional District Judge, Mahesana at Visnagar has rejected the Application Exh.5 of the Appellant / Original Plaintiff merely on the ground that the Appellant / Original Plaintiff has filed the prior Suit in the year 2017 being T.M. Suit No. 2 of 2017 under the Copyright Act wherein the Plaintiff has lost this Application for injunction which was challenged before this Court vide Appeal from Order No. 230 of 2018 which came to be disposed of by this Court vide order dtd. 26/10/2018 as not pressed by the learned Advocate for the Appellant / Original Plaintiff and this Court has ordered that the Suit may be expedited for trial.