JUDGMENT AND ORDER :

1. In both the appeals, i.e. FAO No. 50/2017 and FAO No. 47/2017, Dura Roof Private Limited, a company registered under the Companies Act is the appellant and Dyna Roof Private Limited, a company, registered under the Companies Act is the respondent.

2. In FAO 50/2017, the order dated 02.08.2017 passed by the learned Additional District Judge, Kamrup in Misc. (J) Case No. 59/2017 arising out of TS 3/2017, granting temporary injunction, restraining the appellant from using the trade mark ‘Dura Roof’ or any other mark identical or similar to the plaintiff’s trademark ‘Dyna Roof’ either as a trade mark or trade name and in FAO 47/2017, the order dated 09.06.2017 passed by the learned Addl. District Judge, Kamrup in Misc. (J) Case No. 15/2017, arising out of TS 2/2017, granting temporary injunction, restraining the appellant from using the trade mark ‘Dura Lume’ or any other mark identical or similar with the plaintiff’s trade mark ‘Dyna Lume’ and ‘Dyna Lume 3 G Roofing Sheets’ are under challenge.

3. On consent of both the parties, both the appeals are taken for disposal at the stage of admission.

4. The respondent Dyna Roof Pvt. Ltd. (hereinafter referred to as the p

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