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2023 Supreme(Del) 4460

AMIT BANSAL
Dhananjay Rathi – Appellant
Versus
Shree Vasu Steels Private Limited – Respondent


Advocates appeared:
Mr.C.M. Lall, Senior Advocate with Mr.Rupin Bahl, Mr.Karan Bajaj, Ms.Ananya Chug and Ms.Pooja Bhardwaj, Advocates, for the Plaintiff.
Mr.Nitinjya Chaudhry and Mr.Gaurav Bahl, Advocates, for D-1 to D-3.
Mr. Sudhir Chandra and Mr.Jayant Mehta, Senior Advocates with Mr.Rohit Amit, Mr.Ashish Choudhury, Mr.Arpit Choudhury, Mr.P.D.V. Srikar, and Mr. Anand Kamal, Advocates, for the Defendant.

JUDGMENT

Amit Bansal, J.

I.A. 6428/2022 (O-XXXIX R-1 & 2 of CPC), I.A. 10738/2022 (O-XXXIX R-1 & 2 of CPC) & I.A. 7588/2022 (O-XXXIX R-4 of CPC)

1. By way of the present judgment, I shall decide I.A. 6428/2022 and I.A. 10738/2022 filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), for grant of interim injunction and I.A. 7588/2022 filed on behalf of the defendants no.1 to 3 for vacation of interim injunction granted on 28th April, 2022 in I.A.6428/2022.

PROCEEDINGS IN THE SUIT

2. The suit, as originally filed, had only defendants no.1 to 3 as the defendants. Summons in the suit were issued on 28th April, 2022, when an ad interim injunction was granted in favour of the plaintiff, restraining the defendants no.1 to 3 from infringing the trademark RATHI of the plaintiff as well as passing off their goods as that of the plaintiff along with other ancillary reliefs and the Local Commissioners were appointed to visit the premises of the defendants no.1 to 3 to seize and inventorise infringing goods. The relevant portion of the injunction order is set out below:

    "Accordingly, Defendants, their directors, employees, servants, agents, d

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