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1994 Supreme(Guj) 103

K.G.SHAH
DUNCANS AGRO INDUSTRIES LIMITED – Appellant
Versus
SOMABHAI TEA PROCESSORS PRIVATE LIMITED – Respondent


Advocates Appeared: ARUN H.MEHTA, K.S.Nanavati

SHAH, J.

( 1 ) THIS is an appeal under S. 104 read with Order 43 of the Code of civil Procedure. It is directed against the order dated January 6, 1992, passed by the learned Judge, City Civil Court, Ahmedabad, on the Respondents application Exh. 6 in Regular Civil Suit No. 5002 of 1991, for interim injunction. The respondent before me was the plaintiff in the suit, and the appellant was defendant No. 1. For the sake of convenience, I will refer to them by their position, they occupied before the trial Court, i. e. , respondent as "the plaintiff" and the appellant as "the defendent".

( 2 ) BY the impugned order, the learned Judge has issued an interim injunction restraining the defendant from manufacturing, marketing and selling their tea products under mark "sargam", during the pendency of the suit.

( 3 ) THE plaintiff is a company carrying on the business of blending, processing and marketing tea under different trade marks. The defendant is also a company engaged in the similar business of blending, processing and marketing of tea under different trade marks. As stated in the plaint, the plaintiff is a very well-known manufacturer of various brands of tea, and its products are ve







































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