MANMOHAN SINGH
Micolube India Limited – Appellant
Versus
Rakesh Kumar Trading As Saurabh Industries – Respondent
MANMOHAN SINGH, J.
1. By this order, I propose to dispose of the two pending applications, one filed by the plaintiff being I.A. No.9537/2011 and other , which is unnumbered filed by the defendant No.3 for vacation of ex parte order filed before the Additional District Judge, New Delhi.
FACTS OF THE CASE
2. Originally the suit being Suit No.45/2011 was filed before the District Court, Patiala House, New Delhi against four defendants for infringement of designs, passing off etc. By order dated 9.3.2011 the defendants were restrained from manufacturing the containers used by the defendants on the basis of design registration.
3. The plaintiff has filed the present application under Order XXXIX, Rules 1 & 2 read with section 151 of the Code of Civil Procedure, 1908 seeking an ad interim injunction against the defendants (also to its partners, directors, representatives, distributors, assigns, stockiest and all others acting for and behalf) from using selling, soliciting, exporting, displaying advertising or in any other mode or manner dealing with the impugned products of the plaintiff that is engaged in the business of manufacturing Petroleum products, brake and clutch flui
Kedarlal Seal & anr. V Hari Lal Seal AIR 1952 SC 47
Sandur Manganese & Iron Ores Ltd. v State of Karnataka & ors. (2010) 13 SCC 1
UOI & ors. V Sicom Limited & anr. (2009) 2 SCC 121
Transcore v Union of India & anr. (2008) 1 SCC 125
Tobu Enterprises (P) Ltd. v M/s Joginder Metal Works & anr. AIR 1985 Del 244
Indo Asahi Glass Co. Ltd. V Jai Mata Rolled Glass Ltd & anr. 1995(33) DRJ 317 (Del)
Mohd Abdul Karim V Mohd Yasin & anr. AIR 1934 All. 798 (DB)
M/s Smithkline Beecham Plc & ors. V M/s Hindustan Lever Limited & ors. 1999 PTC 775
Union of India & anr. v Deoki Nandan Aggarwal AIR 1992 SC 96
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