Point of law : remedy is intended to preserve in status quo, the rights of parties which may appear of a prima facie case. The court also, in restraining a defendant from exercising what he considers his legal right but what the plaintiff would like to be prevented, puts into the scales, as a relevant consideration whether the defendant has yet to commence his enterprise or whether he has already been doing so in which latter case considerations somewhat different from those that apply to a case where the defendant is yet to commence his enterprise, are attracted.

ORDER :

1. This Appeal from Order under Order 43 Rule 1 of the Civil Procedure Code, 1908 (for short ‘the CPC’) challenging the judgment and order dated 10.11.2020 passed below Exh.6/7 in Regular Civil Suit No. 653 of 2019 by the Additional District Judge, Court No. 28, City Civil Court, Ahmedabad.

2. The respondent herein is the original plaintiff, whereas, the appellant herein is the original defendant. The appellant – original defendant being aggrieved by the order passed by the Court below dated 10.11.2020 has filed the present Appeal from Order. The Court below allowed the application below Exh.6/7 (Notice of Motion) filed by the orig. plaintiff – respondent herein, seeking ad- interim injunction against the appellant – original defendant, their agents, servants, dealers, distributors from using, acquiring, providing and / or offering services qua business to others, advertising, marketing and / or exposing his services with identical and deceptively similar name “ANANT” and its logo and committing the act of passing off the brand name “ANANT” with its logo of the plaintiff.

3. The Court below passed the order on 10.11.2020 in Regular Civil Suit No. 653 of 2019 below Exh.6/7. The operative para reads thus:

“1). Present application preferred by the plaintiff seeking ad interim injunction against defendant is allowed.

2). The defendant, their agents, servants, dealers, distributors are hereby restrained from using, acquiring, providing and / or offering services qua business to others, advertising, marketing and / or exposing his services with identical and similar name “ANANT” with it’s logo till the final disposal of the Suit.

3). No order as to costs.”

4. The brief facts leading to the filing of the present Appeal from Order are summarized thus:

4.1. The respondent – original plaintiff filed the Trade Mark Civil Suit No. 653 of 2019 seeking the following reliefs:

“(A) To pass an order of Permanent Injunction restraining the defendant their agents, servants, dealers, distributors from using, acquiring, providing and/or Offering services qua business to others, advertising, Marketing and/or exposing his services with Identical and Deceptively similar Name 'ANANT' and its Logo and by that way committing the act of Passing Off of the Brand Name 'ANANT' with its Logo of the Plaintiff.

(B) To pass an order for Damages of and Account of Profit to goodwill of the Plaintiff by the act of Passing off by the defendant by using the identical and deceptively similar name as of the Brand Name 'ANANT' with its Logo of the Plaintiff as calculated and decided by Hon'ble Court.

(C) To grant any other relief deem fit and just looking to the facts and circumstances of the case.

(D) To award cost in favor of the Plaintiff.”

4.2. Pending the Civil Suit, the respondent- original plaintiff filed an application for interim injunction below Exh.6/7 under Order-39 of the CPC, seeking the following reliefs:

“(A) To pass an order of Ad-Interim Injunction restraining the defendant their agents, servants, dealers, distributors from using, acquiring, providing and/or Offering services qua business to others, advertising, Marketing and/or exposing his services with Identical and Deceptively similar Name 'ANANT' and its Logo and by that way committing the act of Passing Off of the Brand Name 'ANANT' with its Logo of the Plaintiff.

(B) To grant any other relief deem fit and just looking to the facts and circumstances of the case.

(C) To award cost in favor of the Plaintiff.”

4.3. The respondent- orig. plaintiff is a trust registered the Trust Act vide registration No. E/22209/Ahmedabad carrying-on its activity in the field of education under the name ‘ANANT PRE & PRIMARY SCHOOL WITH MONTESSORI METHOD’ and doing the activity of providing services of education, providing training, entertainment, sporting and cultural activities by using the brand name ‘ANANT’ with its Artistic Logo at the address as mentioned in the cause-title of the plaint.

4.4. The respondent - orig