INDERJEET SINGH MOHAN Vs. DHIRAJ & ORS

JUDGEMENT

(1.) This appeal under Section 96 CPC is directed against the order and decree dated 13.03.2014 passed by the Additional District Judge No.2, Bhilwara, whereby while allowing the application under Order VII, Rule 11 CPC filed by the respondent, the plaint filed by the appellant has been rejected. The suit was filed by the appellant, inter alia, seeking declaratory permanent injunction and for cancellation of the Trade Mark.

(2.) On filing of the suit, an application under Order VII, Rule 11 CPC was filed by the respondent-defendants, inter alia, submitting that the suit filed by the appellant was barred under provisions of Section 93 read with Section 91 of the Trade Marks Act, 1999 ('the Act').

(3.) The trial court after hearing the parties, came to the conclusion that the reliefs prayed for in the plaint were indeed barred under the provisions of the Act and, consequently, dismissed the suit.