ABDUL MANNAN MIAH Vs. SOLAIMAN MIAH (MD)

JUDGEMENT

(1.) This petition for leave to appeal is against judgment and order dated 13-12-2000 passed by a Single Bench of the High Court Division in FMA No.321 of 2000b dismissing the appeal and also discharging the connected Rule being Civil Rule No.483 (FM) of 2000 and vacating the order of stay earlier granted and also directed the trial Court to dispose of the suit expeditiously preferably within three months from the date of receipt of the copy of the judgment.

(2.) The short fact leading to this petition is that the plaintiff respondent filed Title Suit No.3 of 1999 under section 20(2) and 21 of the Trade Marks Act, 1940 in the Court of the learned District Judge, Kishoreganj for declaration of title on the proprietary right relating to the Trade Mark ghori for washing soap and for permanent injunction against the defendant. It has been alleged in plaint that the plaintiff was engaged in the business of manufacturing, processing, selling and marketing of various types of soaps and out of these soaps manufactured by the plaintiff ghori (watch) brand is one of them and the plaintiff obtained registration of the trade mark ghori (watch) being No. 22202 and 31329 in Class 3 from the office of the Trade Mark Registrar, Dhaka on 28-8-1992. This mark was also registered with the Controller of Patent and Design and Copyright. Plaintiff also filed an application in the suit under Order 39 rules 1 and 2 read with section 151 of the Code of Civil Procedure and prayed for an injunction against the defendant petitioner.

(3.) The contesting defendant entered appearance in the suit and also filed a written objection against the plaintiffs prayer for injunction in favour of the plaintiff as prayed for and against the defendant which was allowed. Against that order defendant moved the High Court Division in FIVIA No. 321 of 2000 and a Single Bench of that Division by judgment dated 13-12-2000 dismissed the appeal and discharged the connected Rule and directed the trial Court to dispose of the suit expeditiously preferably within three months from the date of receipt of the copy of the judgment. Against that judgment the contesting defendant filed this petition for leave to appeal.