GANGA PRASAD RAWAT Vs. SHIVHARE PHARMACY FATEHPUR

JUDGEMENT

(1.) THE appeal under Order 43 Rule (1) (r ) CPC is directed against the order of the court below dated 16.11.2002 allowing the plaintiffs application paper no. 5 Ga-2 for interim injunction in Original Suit No. 3 of 2001 M/.S Shivhare Pharmacy and others Vs. Ganga Prasad Rawat.

(2.) THE plaintiffs instituted the above suit for permanent injunction restraining the defendant, his agents and his representatives from using trade names "Himshankar Lal Tail" and "Shivshankar Vijay Tail", as both the above trade names were similar and deceptive to the registered trade marks "Himshankar Vijay Tail" and "Shivshankar Vijay Tail" of the plaintiffs and further to restrain the defendants, his agents and representatives from interfering in the plaintiffs use of the aforesaid trade marks and in carrying of business of the above products.

(3.) IN the suit the plaintiffs also applied for grant of interim injunction. In reply to the said application objections no. 17 Ga-2 were filed by the defendant.