SUPER CANDLES Vs. MAHABIR CANDLE WORKS

JUDGEMENT

(1.) This appeal has been filed against the ex-parte order dated 25th March/96 in T. S. No. 1 of 1996 by the Learned District Judge, Kamrup.

(2.) A suit was filed by the respondents for declaration and permanent injunction and for rendition of accounts under Section 29 for restraining infringement and under Section 27(2), Section 105(C) and Section 106 alleging passing off under Trade and Merchandise Marks Act, 1958 (hereinafter called the Act). The following reliefs were prayed for :

(3.) Along with the plaint an application was filed to ad-interim injunction under Sections 105 and 106 of the Act of 1958 read with order 39, Rule 1, 2 and 7 of the code of Civil Procedure. The prayer made in that application is as follows :(i) To grant an ex-parte ad-interim injunction restraining the opposite parties in any way using the distringtive get up, design and arrangement of the petitioners' trade mark Rocket and Device of Recket and in any way passing off the candales marked with the labels having distinctive get up design and arrangement of the petitioners' trade mark in particular and restrain them not to sale it.