Judgment

Arijit Pasayat. J.—Leave granted.

2. Challenge in this appeal is to the legality of the judgment rendered by a learned Single Judge of the Gujarat High Court upholding the order passed by City Civil Judge, Ahmedabad in Suit No. 1952/1999 granting ad interim injunction restraining the appellants from using the mark “NIMA”.

3. The background facts giving rise to the appeal essentially are as follows:

4. The respondents-original plaintiffs filed civil suit No. 1952/1999 for a declaration and permanent injunction, projecting the factual position as follows:-

5. The plaintiff No.1 is a Company incorporated under the provisions of the Companies Act, 1956 and plaintiff No.2 is a Trust registered under the provisions of the Indian Trust Act, 1882. Plaintiff No.1 is the owner and proprietor of the trade mark NIRMA and the same trade mark has been assigned in favour of plaintiff No.1 by way of assignment deed. The assignment deed is filed for registration under the provisions of the Trade Marks Act, 1999 (in short the ‘Act’) and plaintiff No.1 is engaged in the business of manufacturing and marketing various consumer products in India and elsewhere.

6. The plaintiff’s predecessor-in-title