SRMB UDYOG LIMITED Vs. ATIBIR HITECH RET LIMITED

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 23-12-2006 passed by the District Judge, Deoghar in Title Suit no. 3 of 2006 rejecting the application filed on behalf of the plaintiff-appellant for injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.

(2.) THE appellant-plaintiff filed a suit along with an injunction petitiop in the Court of the learned District Judge, Deoghar. inter alia, for declaration that the plaintiff is the owner of the design bearing No. 191744 and holds the copyright in the said design; and for permanent injunction restraining the defendants etc, from in any way infringing with the said design.

(3.) THE plaintiffs case in short is that it got the said design registered on 4-4-2003 and was using the same. The plaintiff learnt in July, 2006 that defendant No. 1 is selling rod with the said x-rib design through defendant No. 2. The defendants have been infringing and passing of the said registered design by selling rods in the market with the said design. Due to which, plaintiff is suffering huge loss, which cannot be quantified in terms of money. Defendant No. 1 filed its objection to the injunction petition. It's case, inter alia, is that the defendants are manufacturing and selling the rods as per the design registered in their favour being design No. 202344 on 16-12-2005. After hearing the parties, by the impugned order, the learned District Judge rejected such prayer of injunction.