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2023 Supreme(Del) 2124

JYOTI SINGH
Central Park Estates Pvt. Ltd. – Appellant
Versus
Samvara Buildtech Private Limited – Respondent


Advocates appeared:
Mr. Peeyoosh Kalra and Mr. Rohan J. Kapoor, Advocates, for the Plaintiffs.
Mr. Jayant Mehta, Senior Advocate with Mr. Shantanu Malik, Mr. Jaskaran Singh Narula, Ms. Isha Dhanda and Mr. Srikar P.D.V., Advocates, for the Defendants.

JUDGMENT

Jyoti Singh, J.

I.A. 3107/2017 (under Section 135(2) Trade Marks Act, 1999 r/w Order 39 Rules 1 and 2 CPC, by Plaintiffs) and I.A. 6778/2017 (under Order 39 Rule 4 CPC, by Defendants)

1. This judgment shall dispose of the aforementioned applications, one filed by the Plaintiffs under Section 135(2) of Trade Marks Act, 1999 (hereinafter referred to as the `Act') read with Order 39 Rules 1 and 2, CPC and the other by the Defendants under Order 39 Rule 4, CPC for vacation of ex parte ad interim` injunction granted vide order dated 10.03.2017.

2. The suit, in which the present applications have been filed, is for permanent injunction restraining the Defendants inter alia from infringing Plaintiffs' registered trademark `CENTRAL PARK' or its variants as well as from constructing, developing, marketing etc. any housing or real estate projects under the impugned trademarks or any other trademark which incorporates or contains any reference to the registered trademarks of Plaintiff No. 1.

3. Factual matrix emerging from the plaint is that Plaintiffs No. 1 to 4 are Companies with common Directors and are part of the same Group of Companies, incorported under the Companies Act, 195

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