CAVINKARE PRIVATE LTD Vs. LATHA C MOHAN

JUDGEMENT

(1.) THIS appeal challenges an order of interim injunction pendente lite, restraining the defendants from passing off their cosmetic goods, inclusive of hair care goods by using the trade name Kanya.

(2.) AT the time of filing of the suit, interim injunction application was filed by the plaintiff. The defendants were given an opportunity to file counter. The matter was taken up for enquiry. The learned Single Judge, after enquiry, has passed an order that it is a fit case where interim injunction has got to be granted. Accordingly, orders were passed. Aggrieved over the same, the first defendant has brought forth this appeal.

(3.) THE Court heard the learned counsel on either side. At the time when the appeal was taken up by this Court, stay of the order of injunction has been granted on 28. 4. 2003 and thus, though originally, injunction was granted by the learned Single Judge, which is the subject matter of this appeal, at the time of commencement of appeal proceedings, the order of interim injunction that was originally granted was suspended by an order, dated 28. 04. 2003. Thus, it would be quite clear that as on today, no injunction is in force. The Court is of the considered opinion that without going into the merits or otherwise of the rival contentions put forth, it would be fit and proper that the same situation could continu till the disposal of the suit and both the parties are at liberty to raise their respective contentions. Accordingly, it is ordered. The learned counsel for both sides would submit that they are ready and willing to go for mediation and the matter could be referred for mediation. Under these circumstances, the learned Single Judge is required to refer the subject matter of the suit for the purpose of mediation. Accordingly, this original side appeal is disposed of. No costs.