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2022 Supreme(Del) 320

SURESH KUMAR KAIT
Inter Ikea Systems B V – Appellant
Versus
Italica Floor Tiles Pvt. Ltd. – Respondent


ORDER

LA. 3466/2020 (u/O IX Rule 13 CPC) & I.A. 3467/2020 (u/S 151 CPC) in CS(COMM) 628/2019

1. In the present suit for permanent injunction restraining infringement of trademarks, passing off, rendition of accounts, damages and delivery up, an exparte decree was passed this Court vide judgment and order dated 31.01.2020 against the defendants i.e. the applicants herein, which is subject matter of challenge of the above captioned first applicants.

2. By the above captioned second application, applicants/defendants are seeking stay of order dated 05.12.20219 vide which exparte ad interim injunction was granted in favour of plaintiffs and against the applicants/defendants as well as order and judgment dated 31.01.2020, vide which suit was exparte decreed against the applicants/defendants.

3. At the hearing, learned counsel appearing on behalf of the applicants/defendants had submitted that defendants are in the business of making Floor tiles and based out of Morbi, Gujrat under the name and style of "Italica". According to applicants/defendants "Italica" came into existence in the ye

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