DELHI HIGH COURT
MANOJ KUMAR OHRI
E.N. Project and Engineering Industries (P.) Ltd. – Appellant
Versus
KVT Electrical Project and Engineering – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
I.A. No. 1262/2021 (Under Order XXXIX Rules 1 and 2 CPC) & I.A. No. 1274/2021 (Under Order XXXIX Rule 4 CPC)
1. The Interlocutory Application bearing No. 1274/2021 has been filed under Order XXXIX Rule 4 CPC read with Section 151 CPC on behalf of the Defendants seeking vacation of the order dated 18.12.2019 passed by the Sessions Court granting ad-interim, ex-parte injunction against the Defendants in relation to the Plaintiff's registered design bearing No. 227672.
2. In the present application, the following prayers have been made:-
A. Allow the present application for vacation of injunction
B. Dismiss the application under Order XXXIX Rule 1 & 2 CPC read with Section 151 CPC with exemplary costs
C. Vacate the order dated 18.12.2019 granting interim injunction.
3. By way of this order, I shall dispose of both the aforesaid I.A.s i.e. I.A. No. 1274/2021 filed by the Defendants under Order XXXIX Rule 4 CPC and I.A. No. 1262/2021 filed by the Plaintiffs under Order XXXIX Rule 1 and 2 CPC.
4. Briefly stated, the present suit has been instituted by the Plaintiffs seeking grant of permanent injunction against the Defendants, in respect of the alleged
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