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2016 Supreme(Del) 3024

BADAR DURREZ AHMED, ASHUTOSH KUMAR
VARDHMAN BUILDTECH PVT LTD – Appellant
Versus
VARDHMAN PROPERTIES LTD – Respondent


Advocates Appeared:
For the Appellant : Mr. Neeraj Grover with Mr. Aditya Singh.
For the Respondent: Mr. Sanjay Goswami with Mr. Anil Jain.

JUDGMENT :

BADAR DURREZ AHMED, J.

1. These appeals raise common issues and arise out of the common judgment dated 31.05.2016 delivered by a learned Single Judge of this Court in IA No. 21931/2014 in CS (OS) 3378/2014 and IA No. 14073/2013 in CS (OS) 1712/2013. The appellants before us in these appeals were the defendants in the said two suites, which were filed by the respondent. The applications referred to above were under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’), wherein the respondent/plaintiff had sought ad interim injunction against the appellants herein restraining them from using the word ‘VARDHMAN’ as a part of their trade mark or their corporate name. We may point out that these two suits were filed in 2013 and 2014 as mentioned above. However, there was no injunction granted by the learned Single Judge till the impugned judgment which was delivered on 31.05.2016. It may be also relevant to note that immediately thereafter the present appeals were filed and the Vacation Bench, on 10.06.2016, stayed the operation of the impugned judgment. Prior to that, on an application moved by the appellants,





















































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