(August 8, 2001) 2001 (TLS)125363

2001-DLT-93-383 :: 2001-AD (Del)-6-436

NECTAR (U. K.) LIMITED Vs. Herbs Shop India Limited

SANJAY KISHAN KAUL

( 1 ) THE appellanti is aggrieved by the impugned order dated. 23rd February, 1999 passed bed by the learned Single Judge restraining the appellant from using the trademark NECTAR in respect of lipsticks or other cosmetic products.

( 2 ) THE suit was filed by respondent no. 1 against the appellant for permanent injunction against the use of trademark NECTAR or any deceptively similar mark and for passing of the goods of the appellant as the goods of defendant no. 1. Along with the suit an application under order XXXIX Rules 1 and 2 read with section 151 Civil Procedure Code was also filed bearing IA No. 5042/98 claiming , ad interim orders in the same terms. The suit was placed before the court on 2 9/05/1998 when summons were directed to be issued in the suit and notice in the application. No ex-parte ad interim order was granted. The nekt date was fixed as 9/07/1998. Respondent no. 1, plaintiff in the suit, filed another application bearing IA No. 5373/98 before the vacation bench and vide order dated 2/07/1998 an injunction