SANTOSH FAMILY DHABA Vs. SANTOSH DHABA EXCLUSIVE

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant - respondent - defendant aggrieved by the order dtd. 5/7/2024 in I.A No.716 of 2024 in O.S No.151 of 2024 passed by the XI Additional Chief Judge, City Civil Court at Hyderabad.

(2.) The respondent is the plaintiff. The plaintiff filed the suit against the appellant-defendant for infringement and passing off his registered trade mark "SANTOSH DHABA" and sought for the relief of permanent injunction and to surrender to the plaintiff all the advertisement materials, hoardings, letter heads, visiting cards, office stationary therein of the trade mark SANTOSH or disruptively similar trade mark and to render account of profits made by them by using trade mark SANTOSH. Along with the suit, the plaintiff filed I.A No.716 of 2024 under Order XXXIX Rule 1 and 2 read with Sec. 151 of CPC to grant ad interim injunction. The appellant - respondent No.1 filed counter to the said application and after hearing both the learned counsel, the trial court passed an order allowing the petition granting interim injunction directing the appellant from restraining the use of the petitioners trade mark SANTOSH DHABA in respect of allied services provided by the plaintiff. Aggrieved by the said order of granting interim injunction, the respondent - defendant preferred this appeal.

(3.) Heard Sri. G.L.Soni, learned counsel representing Sri N.Vishal, learned counsel for the appellant on record and Sri Ashok Ram Kumar, learned counsel representing Sri Abhishek Agarwal, learned counsel for the respondent on record.