VIPIN SANGHI
Apollo Tyres Ltd. – Appellant
Versus
Pioneer Trading Corporation – Respondent
Vipin Sanghi, J.
I.A. Nos.19350/2015 & 22566/2015
1. The first is an application filed by the plaintiff under Order 39 Rule 1 and 2 CPC to seek ad-interim injunction against the defendant so as to restrain the defendant from using the tread pattern claimed by the plaintiff to be its proprietary in respect of its truck tyre Endurance LD 10.00 R20, or any other tread pattern identical or similar therewith, in respect of their business of importing and selling of tyres, or representing a trade connection with the plaintiff so as to pass off, or enable others to pass off their goods/ services as that of the applicant/ plaintiff.
2. Vide order dated 15.09.2015, this Court passed an ex-parte ad-interim order of injunction against the defendant restraining the defendant from using the tread pattern claimed by the plaintiff “and/or any other tread pattern identical with or similar to the plaintiff’s tread pattern in any manner whatsoever in respect of their business, inter alia, of importing, sale etc. of tyres and/or representing a trade connection with the plaintiff so as to pass off or enable others to pass off their business and/or goods/services as that of the plaintiff’s or in
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