MAHAJAN TYRE COMPANY Vs. KOHINOOR INDIA PRIVATE LTD.

JUDGEMENT

(1.) S/Shri Kamal Kishore Arora, Gaurav Arora and Himanshu Arora, Advocates have appeared for the respondent and filed vakalatnama, which is taken on record.

(2.) This appeal is filed against the order dated 26.9.2014, whereby the application filed by the respondent herein for grant of temporary injunction was allowed by the court below.

(3.) The backdrop of the matter is that suit under Sections 134 and 135 of the Trade Marks Act (hereinafter referred to as the Act) and Sections 55 and 62 of the Copyright Act was filed for permanent injunction by the present respondent against the appellant and in that suit, an application under Order 39 Rules 1 and 2 CPC was also filed. The prayer was that during the pendency of the suit, the defendant (now appellant) be restrained from infringing/imitating the plaintiff's trade mark, which was deceptively similar to that of the plaintiff.