FALCON TYRES LIMITED Vs. TVS SRICHAKARA TYRES LIMITED

JUDGEMENT

(1.) THE plaintiff/respondent filed C.S.No.254 of 2005 against the present appellant for granting permanent injunction restraining the defendant (present appellant) from in any way selling its Zebra 101/Challenger 101 or any other tyre with the same tread pattern as the plaintiff's Dragon tyre and also for a further direction to furnish accounts from the date of launching of such products and further claiming Rs.10,01,000/- as damages. During pendency of such suit, the plaintiff filed O.A.No.284 of 2006 for passing an order of interim injunction.

(2.) LEARNED single Judge had initially granted an ex-parte order of ad-interim injunction. Thereafter, the present appellant filed Appln. No.2042 of 2006 arising out of O.A.No.284 of 2006 in C.S.No.254 of 2006 for vacating such ad-interim injunction. By order dated 31.7.2006, the learned single Judge, while dismissing such Appln.No.2042 of 2006, made the ad-interim order of injunction absolute, resulting in filing of the present appeal at the instance of the defendant.

(3.) WE have heard Mr.P.S. Raman, Senior Counsel, for the appellant and, Mr.R. Subramanian, for the respondent.