KUTBUDDIN KANORWALA Vs. UPKAR AGROFOODS PRIVATE LIMITED

JUDGEMENT

(1.) These proceedings titled as under Order 39 Rule 2-A of Civil Procedure Code, 1908 ('CPC') have been initiated by the petitioner alleging willful disobedience of the order dtd. 24/2/2020 passed in D.B. Civil Misc. Appeal No. 854/2019 : Kutbuddin Kanorwala v. Upkar Agrofoods Private Limited and Anr.

(2.) It is, inter-alia, indicated that the petitioner had filed the appeal under Order 43 Rule 1(r) CPC against the order dtd. 8/2/2019 passed by the Commercial Court, Udaipur whereby application filed by the petitioner under Order 39 Rule 1 and 2 CPC had been rejected. The Court on 24/2/2020 while admitting the appeal and ordering for issuance of notices, on stay application restrained the respondents from using the disputed trade mark as mentioned in Annexure-IV, Annexure-V and Annexure-VI annexed with the memo of appeal and in any other similar trade mark. The respondents were also restrained from using the trade name - 'Z.A. Konerwala'. It is alleged that the respondents have willfully and deliberately flouted the order dtd. 24/2/2020.

(3.) Submissions have been made that after passing of the order dtd. 24/2/2020, the counsel for the petitioner sent a caution notice (Annex. 2) to the respondents on 2/3/2020, which was duly delivered to the respondents on 4/3/2020. The petitioner also got published a trade mark notice in the local newspaper on 7/3/2020 (Annex. 4), with reference to order dtd. 24/2/2020, however, instead of following the interim order granted by this Court on 24/2/2020, the respondents got issued a trade mark caution notice (Annex. 5) making false averments essentially by way of counter-blast to the trade mark notice (Annex. 4) issued by the petitioner pursuant to order passed by this Court. Submissions have also been made that the respondents have indulged in selling and marketing of the spices with trade mark 'Upkar' and firm name 'Z.A. Kanorwala' and continue to flout the interim order granted by this Court. Invoices dtd. 11/3/2020, 12/3/2020, 7/5/2020, 19/6/2020 and 24/6/2020 alongwith infringing packets have been annexed as Annex. 6.