JUDGMENT

1. The appellant - original plaintiff has preferred the present appeal against the order dtd. 18/06/2021 passed by the learned Ad-hoc District Judge-2, Nagpur, in application below Exh.5 under the provisions of Order 39, Rule 1 and 2 of the Code of Civil Procedure (for short, "the Code") in Trade Mark Civil Suit No.5/2019, whereby the learned Judge was pleased to reject the application.

Facts

2. The appellant - plaintiff is a registered Partnership Firm and is carrying out business of marking and exporting of all kinds of goods like Agarbati, Scent, Perfume, Camphor, Dhoop, etc. under the provisions of Trade Marks Act including trade mark "Zed Black". The appellant started using trade mark "Shriphal" for the products in respect of Agarbati, Scent, Perfume, Camphor, Dhoop, etc. falling in Class-3 since 1992. The Registered trade mark is renewed from time to time and the same has become conclusive. The appellant has also given status of all other trade marks in Para No.14 of the plaint.

3. According to the appellant - plaintiff, the defendant was purchasing the said goods