LAWS(MPH)-2022-8-93

HINDUSTAN BIDI MANUFACTURING Vs. SUNDRLAL CHHABILAL

Decided On August 29, 2022
Hindustan Bidi Manufacturing Appellant
V/S
Sundrlal Chhabilal Respondents

JUDGEMENT

(1.) This Miscellaneous appeal is filed by the plaintiff under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 being aggrieved of order dtd. 14/03/2022 passed by the learned 16th District Judge, Jabalpur in R.C.S. 146-A/2022 (Hindustan Bidi Manufacturing Vs. Mr. Sunderlal Chhabilal and another).

(2.) The appellant's grievance is that vide impugned order, the trial court has rejected an application under Order 39 Rule 1 and 2 C.P.C. and has refused to grant injunction in favour of the plaintiff.

(3.) Plaintiff's case is that they are registered trade mark holder of 'Calcutta Bidi', which is registered under IV schedule of category 34 of the Trade Marks Act 1999 bearing registration no. 736773 and 1780832.