PRIYA RUBBER AND PLASTIC INDUSTRIES Vs. BAJRANGBALI INDUSTRIES

JUDGEMENT

(1.) THIS F.A.F.P. under Order 43, Rule 1(r) of the Code of Civil Procedure has been filed by defendants against the order dated 15.5.1993, passed by the learned IVth Additional District Judge, Varanasi by which learned Judge has allowed the application 6-Ga and granted ad-interim injunction restraining the defendants from manufacturing and selling in any manner whatsoever their traditional product of "Rubber Hawai Chappals" Sleepers and straps of Chappals being manufactured and sold under the trade name "RUAPNI."

(2.) M/s. Bajrangbali Industries, Kanpur through Bajrang Company and two others as plaintiffs-respondents (hereinafter referred to as the plaintiff) instituted a Civil Suit No. 50 of 1991 in Court of Vth Additional District Judge, Varanasi against M/s. Maulana Boot House and six others included as defendants-respondents (hereinafter referred to as defendants) seeking relied inter alia for a perpetual injunction restraining the defendants from manufacturing and using the trade mark "RUPANI" for action for passing off, infringement of copy right and rendition of account etc. Simultaneously, plaintiff filed an application for temporary injunction during the pendency of suit. Vth Additional District Judge, Varanasi granted temporary injunction in terms prayed for by the plaintiff.

(3.) ALONGWITH the aforesaid Suit, the plaintiff-respondents moved an application for temporary injunction for restraining the defendants from manufacturing, selling and offering for sale, advertising, directly or indirectly dealing in Hawai Chappals, Sleepers and Straps of Chappals under the offending Trade Mark "RUPANI" or any other trade mark as may be identical to, and/or deceptively similar to trade mark 'RUPANI' of the plaintiffs or from doing any other trade as may lead to confusion or deception amounting to "passing off" the goods and/or business of defendants for those of the plaintiffs. The aforesaid application was supported by an affidavit wherein the plaint allegations were repeated.