AMIR BIRI FACTORY Vs. MOHD. ASLAM

JUDGEMENT

(1.) The defendant has filed the present application being G.A No. 4 of 2022 in C.S No. 211 of 2012 praying for vacating the injunction order passed by this Court dtd. 26/6/2012 and 19/7/2012. The plaintiffs have filed a suit being C.S No. 211 of 2012 against the defendant for permanent injunction restraining the defendants, its men, assigns, servants, agents, distributors, representatives or any of them from any manner infringing and passing off the plaintiff's registered label of "MAZDOOR BIDI" and ancillary prayers.

(2.) The plaintiffs have also filed an application in the said suit for grant of injunction against the defendant and on 26/6/2012, this Court has passed an ad-interim injunction till 4/7/2012. In the said order, this Court specified that the limited order of injunction is to enable this Court to hear the defendant and fixed the matter on 2/7/2012. On 2/7/2012, this Court extended the returnable date till 9/7/2012 and ad-interim order was extended till 13/7/2012 or until further order whichever is earlier. On 13/7/2012, the ad-interim order was extended till 23/7/2012 or until further order whichever is earlier.

(3.) On 17/7/2012, the plaintiff has filed affidavit-of-service and this Court being satisfied with the service upon the defendant but none appeared on behalf of the defendant had confirmed the ad-interim order on 19/7/2012.