JUDGMENT :

HARISH TANDON, J.

1. The plaintiff is the appellant in the instant case assailing the order no. 44 dated 05.08.23 passed by the learned Additional Session Judge, Barasat, 7th Court in Title Suit no. 3 of 2016 by which the order of temporary injunction was restricted to the edible vegetable oil till the disposal of the suit. The appeal is taken out at the behest of the appellant on the score that the Court should not restrict the temporary injunction in respect of edible vegetable oil only despite being the prior user of the trademark.

2. On the other hand, the defendant/respondent has filed the cross-objection assailing the order of the temporary injunction on the premise that even the order of temporary injunction restricted to edible vegetable oil could not be passed as the trademark “Rishta” is used by it since 1995. Both the appeals and the cross-objections are taken up together having aimed against the common order.

3. It is a specific case of the plaintiff/appellant that being a leading manufacturer of various kinds of food products like atta, maida, suji, besan, edible oils etc, such products were manufactured and sold throughout the country under the brand name “Rish