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1997 Supreme(AP) 79

B.S.RAIKOTE
M. MAHENDRA SHAH OF ANNAPURNA ENTERPRISES – Appellant
Versus
HINDUSTAN LEVER LTD. – Respondent


Advocates Appeared:
Smt. Bhagwati Trivedi, Advocate, for the Plaintiff.
Sh. Manohar, Advocate, for the Defendants.

ORDER

B.S. Raikote, J. - These two C.M.A. No. 1715/96 and C.M.A. No. 46/97 have been filed being aggrieved by the common judgment and order dated 6-11-1996 passed by the III Additional Chief Judge, City Civil Court, Hyderabad on I.A. No. 35/96 in O.S. No. 2/96 and on I.A. No. 237/96 in O.S. No. 6/96. The appellant in C.M.A. No. 1715/96 is the plaintiff in O.S. No. 2/96 and the appellant in C.M.A. No. 46/97 is the plaintiff in O.S. No. 6/96. By the impugned order their respective I. As filed for injunction restraining the respective defendants in each suit from using the trade mark 'ANNAPURNA' either by itself or in combination with any other word or words or any other mark identical with or deceptively similar thereto in relation to their respective goods viz., whole wheat flour/atta so as to pass off or enable any other person to pass off their goods, have been dismissed by the court below and at the same time directing the plaintiffs in both the suits to maintain the status-quo ante. The counsel for the appellant in both the cases strenuously contended that the impugned order is illegal and without justification and contrary to the materials on record. They submitted that the cou

































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