BADAR DURREZ AHMED, J.

CM 22329/2016 (condonation of delay)

The delay in filing the appeal is condoned.

The application stands disposed of.

FAO(OS) 177/2016 & CM 22330/2016 & CM 22331/2016

1. This appeal has been preferred against the judgment and/or order dated 10.02.2016 passed by a learned Single Judge of this Court, whereby he has dismissed IA 23095/2015, being an application under Order 39 Rules 1 and 2 CPC, filed by the appellants/plaintiffs and allowed IA 26213/2015 (under Order 39 Rule 4 CPC) which had been filed by the respondents/defendants.

2. The entire battle is with regard to the trade mark ‘AURA’. The plaintiffs claimed exclusivity over the said trade mark in respect of metallic false ceilings. The suit that has been filed is one of passing off in which the plaintiffs claimed that the defendants were passing off their products as those of the plaintiffs/appellants by using the mark ‘AURA’.

3. Initially, the learned Single Judge had granted an ex parte ad interim injunction restraining the defendants from using the mark ‘AURA’ in respect of metallic false ceilings. As mentioned above, the respondents/defendants filed the application under Order 39 Rule 4 for vacati