HERO CYCLE LIMITED Vs. HERO ECOTECH LIMITED

JUDGEMENT

(1.) Heard Mr. Jitendra Kishore Verma, learned counsel appearing for the petitioners and Mr. Y.V. Giri, learned Senior Advocate appearing for the respondents.

(2.) This Civil Miscellaneous Petition has been filed under Article 227 of the Constitution of India against the Order dtd. 24/3/2018 passed by learned Additional District Judge-XIII, Patna in Title Suit No. 5031 of 2014 whereby the petition dtd. 4/8/2015 of respondents no. 1 and 2 ( arrayed as defendants no. 2 and 3 in the Title Suit ) for recall of order dtd. 4/7/2015 has been allowed with cost.

(3.) The brief facts of the case are that the petitioners/ plaintiffs have filed a Civil Suit being Title Suit No. 5031 of 2014 before the District Court, Patna, seeking inter alia, a decree of permanent injunction against the respondent from using and trading of the registered trade mark 'HERO' in relation of bicycle and bicycle parts and also sought mandatory injunction, rendition of accounts and other reliefs against the respondents.