IA Nos. 10477 of 2011 (under Order XXXIX Rules 1 & 2 CPC) & 6818 of 2013 (under Order XXXIX Rule 3A CPC)

1. The aforementioned suit has been filed by M/s. A. Kumar Milk Foods Pvt. Ltd. against Mr. Vikas Tyagi (Defendant No.1) and M/s. Shreedhar Dairy Products (Defendant No.2), both at Meerut, for a decree of permanent injunction restraining the Defendants from using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the impugned trade mark SHREEDHAR or any other word/mark identical with and/or deceptively similar word/mark to the Plaintiff’s trade mark/label/trade name/copyright in SHRIDHAR in relation to their impugned goods and business of dairy products and other related/allied products and from doing any other acts or deeds amounting to or likely to result in infringement of the Plaintiff’s aforesaid registered trade mark SHRIDHAR; passing off or violating the Plaintiff’s said trade mark SHRIDHAR; violation of Plaintiff’s proprietary rights in its trade name SHRIDHAR.

2. The case of the Plaintiff is that it is the proprietor of trade mark SHRIDHAR in relation to ghee, edible oils, milk, dairy products and other