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SUNITA AGARWAL, PRANAV TRIVEDI
INOX INDIA LIMITED – Appellant
Versus
CRYOGAS EQUIPMENT PRIVATE LIMITED – Respondent
JUDGMENT :
SUNITA AGARWAL, C.J.
1. These two appeals are directed against the judgment and order dated 03.05.2024 passed by the 4th Additional District Judge at Vadodara (Commercial Court) in Trade Mark Suit No. 3 of 2019. The order, subject matter of challenge in First Appeal No. 2517 of 2024, is of the application under Order VII, Rule 11 of the Code of Civil Procedure (in short as “CPC”) filed by the defendant No. 2, thereby rejecting the plaint. In the connected Appeal from Order No. 119 of 2024, the challenge is to the judgment and order dated 03.05.2024 of the Commercial Court in rejection of the application under Order XXXIX, Rules 1 and 2 Exh.5 for interim injunction. Suffice it to note that the application under Order XXXIX, Rule 1 has been rejected by the Commercial Court as a consequence of the rejection of plaint while allowing application under Order VII, Rule 11 CPC holding that the suit filed by the plaintiff is hit by Section 15(2) of the Copyright Act, 1957 (in short as “the Copyright Act.”
2. We, therefore, proceed to hear the learned counsel for the parties in the main matter, which is First Appeal No. 2517 of 2024. With the consent of the learned counsels for the p
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