JAGDAMBA OIL AGENCY Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution is made to an interlocutory order dated 27.6.2005 passed by learned Distt. Judge, Morena in Civil Suit No. 3A of 2005.

(2.) Learned Distt. Judge, has allowed an application for stay of the suit in question pending before him under Section 10 of CPC, thereafter, has proceeded to consider and decide certain applications interlocutory in nature filed under Order 39, Rule 1 and 2 of CPC by the respondents, petitioner feels aggrieved by the aforesaid action of learned Distt. Judge, Morena.

(3.) It is the case of the petitioner that the respondent No. 1 has filed the suit in question being Civil Suit No. 3A of 2005 which is pending in the court of Distt. Judge, Morena. It is alleged by the plaintiff in the aforesaid suit that the petitioner/defendant in the suit so also the plaintiff are engaged in manufacturing and sale of mustard oil and both are using a common trade mark i.e. ("double Sher"). It is the case of the defendant/respondents that they are using the aforesaid trade mark since 1996, an application for registration of aforesaid trade mark is under consideration before the competent authority and they have acquired proprietary right and interest over the said trade mark. Inter alia contending that the respondents be restrained from using the aforesaid trade mark in the area of the plaintiff suit in question has been filed.