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2021 Supreme(Del) 1081

RAJIV SHAKDHER, TALWANT SINGH
Mahaan Foods Ltd – Appellant
Versus
Calpro Specialities Pvt. Ltd. – Respondent


Advocates appeared:
Virender Goswami, Advocate, Soni Singh, Advocate, Shamik Saha, Advocate, Diwan Singh Chauhan, Advocate

JUDGMENT

Rajiv Shakdher, J. - This appeal is filed against the order dated 09.10.2019, passed by the learned Additional District Judge, Saket Court, South-East District, New Delhi.

    1.1. To be noted, via the impugned order, the respondent/defendant's application under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 was allowed, and the ex-parte interim order dated 22.08.2019, as corrected by the order dated 23.08.2019, whereby, the respondent/defendant was restrained from using the impugned trademark "SUPER MAHAAN" was vacated.

      1.2. Aggrieved by this, the appellants/plaintiffs preferred the instant appeal.

      2. To be noted, it was the stand of the respondent/defendant in the suit pending before the trial court, that, it was claiming rights qua the impugned trademark "SUPER MAHAAN", based on Trademark License Agreements dated 07.05.2019 and 16.10.2019, executed in its favour, by one, Ms. Rhea Goyal.

        2.1. It is not in dispute that the said Trademark License Agreements, which were executed by Ms. Rhea Goyal in favour of the respondent/defendant, were founded on an assignment deed dated 16.11.2015 and a gift deed dated 01.06.2015, executed in her favour by her father Mr. Rajiv Goyal.

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