INDIAN ACADEMY OF OTORHINOLARYNGOLOGY HEAD AND NECK SURGERY Vs. ASSOCIATION OF OTOLARYNGOLOGISTS OF INDIA AND ORS.

JUDGEMENT

(1.) THE plaintiff is the applicant in both the Original Applications. The plaintiff filed the suit for declaration that the defendants and their officers, agents, servants, representatives, successors, assignees or anyone claiming through them are not entitled to set up or carry on any academy, association, organization, society, trust, entity or company in the name of the plaintiff Company, viz., "Indian Academy of Otorhinolaryngology Head and Neck Surgery" or any similar name and for a consequential order restraining the defendants and their officers, agents, servants, representatives, successors, assignees or anyone claiming through them from setting up or carrying on any academy, association, organization, society, trust, entity or company in the name of "Indian Academy of Otorhinolaryngology Head and Neck Surgery" or any similar name.

(2.) PENDING disposal of the abovesaid suit, the plaintiff filed O.A. No. 1 of 2015 praying for an order of interim injunction restraining the respondents from proceeding with setting up or carrying on of the third respondent Academy under its present name or in any other name similar to that of the Applicant Company. Likewise, the plaintiff also filed Original Application No. 2 of 2015 praying for an order of interim injunction restraining the respondents from proceeding with the General Body Meeting of the third respondent Academy scheduled to be held on 10th January 2015, pursuant to the Notice dated 26.11.2014 issued by the third respondent.

(3.) THIS Court, by ex -parte order dated 06.01.2015, granted interim injunction in both the applications till 19.01.2015. Thereafter, the respondents appeared and the interim order was further extended from time to time and is in force as on date.