SIDDHANT ICE CREAMS PVT LTD Vs. THANCO ENTERPRISES

JUDGEMENT

(1.) With the consent of the parties, the Notice of Motion is heard finally.

(2.) The defendants have filed this Notice of Motion, purportedly under Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908, to set aside, discharge and/or vary an order dated 15 th April, 2001, passed by a learned single Judge in Notice of Motion No.1148 of 2011 in the above suit. The learned Judge restrained the defendants from infringing the plaintiffs registered mark, a predominant part whereof includes the word "NATURAL", infringing the plaintiffs copyright in the works which are exhibited to the plaint and from passing off their goods and products as those of the plaintiffs. The learned Judge also restrained the defendants from transferring the registration of the impugned domain names.

(3.) The defendants initially filed Appeal (Lodging) No.281 of 2011 against the said order and judgment. By an order dated 3 rd May, 2011, the Division Bench noted that the defendants sought to rely on certain documents which were not placed before the learned single Judge. The Division Bench left it open to the defendants to move "the learned single Judge with an appropriate application".