PURUSHOTTAM CHAURASIYA Vs. PARMANAND

JUDGEMENT

(1.) THE appellant has filed this M.A. under Order 43 Rule 1 (R) of the Civil Procedure Code against the order dated 5.3.2001 passed in regular civil property suit No. 7 -A/2000 by which trial Court has rejected their injunction application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code claiming injunction against the respondent not to use the Trademark of "Milan" Mehdi. The trial Court rejected the injunction application only on the ground that the plaintiff could not prove that he is the user of the aforesaid Trademark prior to the defendant.

(2.) SHRI Garg, Sr. counsel has drawn my attention on the order passed by the Deputy Registrar of the Trademark on 11.3.1993 by which the Deputy Registrar has directed to register the Trademark of the appellant issued in the name of "Milan" Mehdi in respect of Mehdi and Kumkum and also rejected the objections for want of evidence, which was raised by the respondent -opponent.

(3.) SHRI Vivek Shrivastava has filed an application M(C)P No. 1955/2001 under section 111 of Trade and Merchandise Marks Act, 1958 for staying the further proceedings of the suit as well as the M.A. on the ground that he has already challenged the said order of rejection of his objection and registration of Trademark granted in favour of the appellant before the Bombay High Court. He admits before me that there is no stay granted against the said order passed by the Deputy Registrar on 11.3T993.