MOLD TEK PACKAGING Vs. S.D. CONTAINERS

JUDGEMENT

(1.) Heard on I.A. No.01/2020, which is an application for grant of temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') as also heard on an application filed under Order 7 Rule 11 of CPC which has not given any interlocutory application by the Registry of this Court by the plaintiff against the counter claim of the defendant.

(2.) So far as I.A No.01/2020 is concerned, the facts of the case are that, this Civil Suit has been filed by plaintiff for declaration and permanent injunction under Order VII Rule 1 of C.P.C. read with Sec. 22 of the Designs Act, 2000 and Ss. 55 and 62 of Copyrights Act 1957 and for passing of trademarks against the defendant.

(3.) The case of the plaintiff is that, the plaintiff M/s Mold-Tek Packaging Limited (hereinafter referred as 'Mold -Tek' ) is a public limited Company, it was established in the year 1985, and since then it is involved in the business of manufacturing and selling rigid plastic packaging material including manufacturing of injection moulded containers for lubes, paints, food amongst other products.