ANIL KUMAR, J.(Oral)

IA No.4575/2005 and IA 4820/2005

1. This order will dispose of plaintiffs application under Order 39 Rules 1 and 2 read with Section 151 of Code of Civil Procedure seeking restraint against the defendants from using the mark “Super Postman” for sale of edible groundnut oils or any other cognate products and the application of the defendant nos. 1 and 2 under Order 39 Rule 4 read with Section 151 of Code of Civil Procedure for vacation of ex-parte interim order dated 30th May, 2005 whereby the defendants were restrained from using the mark Super Postman or any other mark deceptively similar thereto for sale of edible groundnut oils or any other cognate products.

2. The suit on behalf of plaintiff No.1, a partnership firm was filed by a Court receiver appointed by High Court of Judicature at Mumbai by order dated 6.7.2000 in Suit No.4913/2000 titled Majid A Oomerbhoy Vs. Rashid S.Oomerbhoy and others, who had taken over the possession of partnership business assets which was trading as M/s.Ahmed Mills. It is contended that plaintiff No.1 is a registered partnership firm which was trading in the name of M/s.Ahmed Mills. The suit is also filed against defendants N

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