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2021 Supreme(Del) 2358

RAJIV SHAKDHER
Audioplus – Appellant
Versus
Manoj Nagar – Respondent


Advocates appeared:
Saif Khan, Advocate, Shobhit Agrawal, Advocate, Deepank Singhal, Advocate, Uday Bedi, Advocate, Shiva Tokas, Advocate, Jaitegan Singh Khurana, Advocate

JUDGMENT

Rajiv Shakdher, J. - Preface: -

    1. These are two interlocutory applications filed on behalf of the plaintiff and the defendant. The interlocutory application filed on behalf of the plaintiff is I.A. No. 4762/2020. This application is preferred under the provisions of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [in short "CPC"] Upon an ex-parte ad interim injunction being granted in favour of the plaintiff on 24.06.2020, the defendant, moved his application i.e. I.A. No. 6664/2020 under the provisions of Order XXXIX Rule 4 read with Section 151 of the CPC for the vacation of the interim order dated 24.06.2020.

    2. A perusal of the record, which includes the pleadings and the documents, would show that the instant litigation has erupted between the plaintiff and the defendant [hereafter collectively referred to as "parties"] in the backdrop of the following facts and circumstances.

      Background facts: -

      3. The instant suit has been filed against the defendant for issuance of a decree of permanent injunction against him and to restrain him from infringing the plaintiff's trademarks and/or passing off his goods as if they originate from the plaintiff. The other re

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