SHREE SANTOSH FAMILY DHABA Vs. SANTOSH DHABA EXCLUSIVE

JUDGEMENT

(1.) This C.R.P., is filed against the order in E.P.No.10 of 2023 in I.A.No.760 of 2017 in O.S.No.429 of 2017 passed by the XI Additional Chief Judge, City Civil Court, Hyderabad as contrary to law.

(2.) This revision is filed stating that in E.P.No.10 of 2023 the trial Court issued warrant for seizure of specific movable property mentioned in schedule of movable property which is neither mentioned in the E.P.proceedings nor in the decree and order passed in I.A.No.760 of 2017 nor in the plaint in O.S.No.429 of 2017. Therefore, the E.P., is not in accordance with the decree and as such, the same is liable to be set aside.

(3.) Originally the suit in O.S.No.429 of 2017 is filed for infringement of trade mark and I.A.No.760 of 2017 is filed to restrain the respondents by itself, its servants, agents, licensees, heirs or any one claiming through them from advertising or in any manner using in respect of their restaurant, hotel, eatery a deceptively similar Trade Mark "SANTOSH" or any other deceptively similar trade mark in any media and use the same in invoices, letter heads, literature, promotional material and visiting cards or by using any other trade mark which is in any way conceptually, visually or deceptively similar to the plaintiff's trade mark "SANTOSH DHABA" or by using any other trade mark which is in any way conceptually, structurally, visually, or phonetically similar to the plaintiff's registered trade mark No.2391012 in Class 43 in respect of services relating to providing food and drink, hotel and restaurant services or in any other manner of services, and there by infringe the plaintiff's registered trade mark till disposal of the main suit.