CADBURY INDIA LIMITED Vs. S M DYECHEM LIMITED

JUDGEMENT

(1.) Appellant, Cadbury India Limited, having lost the legal battle against respondent SM Dyechem Limited in the lower Court, has knocked the doors of this Court by filing this Appeal from Order with the aids of the provisions of Order 43 Rule 1 of the Civil Procedure Code ('the Code' for short), whereunder it challenged the order dated 23.3.1999 recorded below Ex.6 - Notice of Motion - in Civil Suit No. 852 of 1999, by learned Chamber Judge, City Civil Court, Ahmedabad, whereby he granted injunction against the appellant in terms of para 21(A) and (B) of the application restraining the appellant from infringing the respondent's trade mark "PIKNIK" which is registered under the provisions of Trade and Merchandise Marks Act, 1958 ('the Act' for short hereinafter) vide trade mark No. 505532 and to pass off the appellant's goods i.e., chocolate, chocolate preparations, wafer biscuits and/or the like goods as and for that of respondents, till the disposal of the suit.

(2.) Present appellant is the original defendant whereas present respondent is the original plaintiff and hence for the sake of convenience and brevity, the parties are hereinafter referred to as 'the plaintiff' and 'the defendant' respectively.

(3.) Before highlighting the nature of controversy posed for determination of this Court in this Appeal from Order, it is necessary to advert to a few but relevant facts of the case.