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1994 Supreme(Del) 24

J.K.MEHRA
MAHANAGAR TELEPHONE NIGAM LIMITED – Appellant
Versus
TATA PRESS – Respondent


Advocates Appeared:
A.H.Desai, A.K.SIKRI, A.K.VERMA, M.M.Sharma, MADHU SIKRI, S.K.KAPOOR, SUNIL GUPTA, Vikram Dholakia

J. K. MEHRA, J.

( 1 ) THE plaintiff has filed this suit, alleging that the defendant in intending to publish yellow pages the defendant known as Tara Press Yellow Pages (hereinafter referred to as the "yellow pages") is in violation of the Rule 458 of the Indian Telegraph Rules, 1951. The plaintiff has also filed with the plaint aforesaid applicalion under Order 39 Rules 1 and 2 of Civil Procedure Code being I. A. 3592/93 seeking an interim injunction restraining the defendants from printing and/or publishing and/or advertising and/or distributing the "yellow Pages" booklet to anyone. No ex-parte interim injunction was granted in this case and notices were issued to the defendants who have since filed reply to the injunction application. The case of the plaintiff mainly is that the publication and printing of the said yellow pages in the form sought to be published by the defendant is nothing but publication of a parallel directory in an abridged form on the line of the yellow pages which are at present forming a supplement to the directory of the telephone subscribers being got printed by the plaintiff. It is further contended by the plaintiff that bulk of the entries of the "yell















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