BHASKAR BHATTACHARYA, J.

( 1 ) THIS application is at the instance of a plaintiff in a suit for declaration and injunction alleging violation of registered Trade mark and copyright and also complaining "passing Off' and is directed against order No. 31 dated 27th April, 2004 passed by the learned Judge, 3rd Bench, city Civil Court at Calcutta in Title Suit No. 27 of 2003 thereby rejecting an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the appellant for restraining the respondents from committing breach of trade Mark and copyright and passing off his own goods as that of the appellant.

( 2 ) THE appellant filed in the City Civil Court at Calcutta, a suit being Title suit No. 27 of 2003 thereby claiming the following relief:" (A) Declaration that the plaintiff alone is entitled to use the trade mark and/or the artistic work and/or the name, brand TAJ appearing in the label marked 'a' and annexed to the plaint for carrying on its business in respect of Buckets, Pans, Mugs, Drums and allied goods and/or goods of the same description; (B) Decree of perpetual injunction restraining the defendants, their proprietors, partners, directors, and every pe

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