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2022 Supreme(Guj) 1601

A. P. THAKER
Gujarat Tea Depot Company – Appellant
Versus
Savaliya Tea Packers Pvt Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Kamal Trivedi, Learned Senior Counsel Assisted By Mr. Y.J. Trivedi and Mr. Chirag Bhatt
For the Respondent:Ms. Pooja Acharya, Mr. Zahid Shaikh, Ms. Druti Mehta, Mr. Jayendra Modi, Mr. Nilesh Nayak Advocates For Dr. Rajesh H. Acharya.

JUDGMENT :

1. The present Appeal From Order under Order 43 Rule 1(r) of the Code of Civil Procedure, is preferred by the original plaintiffs, being aggrieved and dissatisfied by the order dated 06.12.2021 passed by the learned Chamber Judge, Court no.28, City Civil Court, Ahmedabad, below exhibit 6 and 7 whereby the application for interim injunction filed by the plaintiff appellant came to be rejected.

2. The appellants are the original plaintiffs whereas the respondents are original defendants before the Trial Court. For the brevity and convenience, the parties are referred to in this order as per the character assigned to them before the Trial Court i.e. plaintiff and defendant.

3. The brief facts giving rise to the present appeal are as under:-

3.1. That both the plaintiffs are engaged in the business of tea. The plaintiff no.1 is a registered proprietor and registered copyright holder of the labels in question and is in the business of tea since about 100 years. That the plaintiff no.2 is licensed user of plaintiff no.1 and plaintiff no.2 has authorized Mr. Ashvin Joshi (Full time Director of plaintiff no.2) to take legal action against the infringers.

3.2. That the plaintiff no.2

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