ANWAR MOHD KHAN Vs. TAJ MOHD KHAN

JUDGEMENT

(1.) HEARD Sri S.K. Verma, Senior Advocate assisted by Sri Siddarth Verma and Sri Pulak Ganguli, learned Counsel appearing on behalf of the appellant -defendant and Sri M.A. Qadeer and Mr. D.S. Misra, learned Counsel appearing on behalf of respon ­dent Nos. 1 and 2 -plaintiffs.

(2.) THE present appeal has been filed by the appellant -defendant chal ­lenging the order dated 29 -7 -2005 passed by the District Judge, Bareilly in Original Suit No. 6 of 2005 allowing in ­terim injunction application of the plain ­tiffs -respondents No. 1 and 2 moved under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure restraining the defendant -appellant from manufactur ­ing, marketing and trading the Khaini and Tobacco with the name and style of "Barged Fed Chhap Asali Nawab Dulha Khan".

(3.) THE respondents -plaintiffs filed Original Suit No. 6 of 2005 seeking in ­junction on the ground that the appel ­lant -defendant changed his trademark and caption and started his business with effect from February, 2005 in the name and style of "Bargad Fed Chhap Asli Nawab Dulha Khan Khaini" on the wrappers in which the words 'Bargad' and Asli' were written in very small let ­ters and was in very much resemblance with the trademark of respondents -plaintiffs causing deception, misguid ­ing the customers which resulted in damaging and affecting their business.