INDIA GLYCOLS LIMITED Vs. RADICO KHAITAN LIMITED

JUDGEMENT

(1.) Heard Sri Navin Sinha and Sri Anurag Khanna, learned Senior Counsels assisted by Sri Mohit Singh, learned Counsel for the appellant and Sri Shashi Nandan, learned Senior Counsel assisted by Sri Rahul Sahai and Sri Sagar Chandra, learned Counsels for the respondent.

(2.) The instant first appeal from order under Order 43 Rule-1 (r) of the Code of Civil Procedure (in short 'C.P.C.') has been filed against the order dated 23.07.2021 passed by the District Judge, Rampur in Original Suit No.1 of 2021 (Redico Khaitan Ltd. Vs. M/s India Glycols Ltd.) whereby by way of ex-parte ad-interim injunction under Order 39 Rule 1 & 2 read with Section 151 C.P.C. restrained the appellant from manufacturing, exporting, marketing or selling its product under the bottle of "Amazing Vodka".

(3.) Sri Shashi Nandan, learned Senior Counsel for the appellant raised the preliminary objection about the maintainability of the appeal under Order 43 Rule-1 (r) C.P.C. and submitted that the proper remedy available to the defendant-appellant to file objection/application for vacating the ex-parte ad-interim injunction order as provided under Order 39 Rule-4 C.P.C. In support of his contention he placed reliance on judgment of this Court passed in the case of Gurmej Singh and others Vs. Ranjit Kaur and others, 2020 12 ADJ 561, judgment of Hon'ble Apex Court in Civil Appeal No.1283 of 1967, M/s Lakshmiratan Engineering Works Ltd. Vs. Asst. Commissioner (Judicial)-I, Sales Tax, Kanpur Range Kanpur and another, 1968 AIR(SC) 488 and the judgment of Madras High Court in the case of A. Venkatasubbiah Naidu vs. S Challappan & Others, 2000 7 SCC 695.