C.M. No.13114/2013 (for recall of order dated 28.1.2013)

1. By virtue of the present application, the appellant is seeking recall of the order dated 28.1.2013 vide which the appeal of the appellant against the order dated 15.9.2012 was permitted to be withdrawn with liberty to file the same at an appropriate stage. Recall is sought on the ground that by virtue of the order dated 15.9.2012, the application of the appellant/plaintiff under Order 39 Rule 1 & 2 CPC for ad interim injunction was partly allowed at this stage (at the stage of disposal of the application) restraining the respondents from using the trade name ‘Sagar Ratna’. So far as the other ad interim relief, which were claimed in the application are concerned, they were not granted.

2. Before dealing with the rival contentions of the parties, it may be pertinent to give briefly the background in which the present application has been filed. The appellant/plaintiff, M/s. Sagar Ratna Restaurants Private Limited filed a suit claiming itself to be a registered company having entered into a franchisee agreement and a supplementary agreement with respondent No.1, M/s Sri Bihariji’s and others allowing them to open a S