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2011 Supreme(Raj) 2604

MAHESH CHANDRA SHARMA
Indo Brine Industries Ltd. – Appellant
Versus
Neeraj Agarwal – Respondent


Advocates:
For the Appellant/Plaintiff:R.K. Agarwal, Senior Advocate with Mr. Sandeep Pathak, Advocate.
For the Respondents Nos. 2, 3 and 4:S.K. Bansal, Advocate.
For the Respondent No. 5:Kapil Gupta and Ramavtar Sharma, Advocate.
For the Respondent No. 1:D.K. Gupta, Advocate.

JUDGMENT

1. - This first appeal has been filed by INDO BRINE INDUSTRIES LIMITED (in short the plaintiff-appellant) against the decree and judgment dated 23.7.2011 passed by Addl. District Judge (Fast Track) No. 7 Jaipur Metropolitan, (in short "the trial court") in civil suit No. 107/2010 whereby the trial court allowed the application under Order 7, Rule 11 Civil Procedure Code filed by (Dandi Salt Private Limited, Ram Niwas Hukam Chand Gupta, and Neeraj Kumar Agarwal (in short the defendants 2 to 4) and thereby dismissed the civil suit against all the defendants (defendants 2 to 4 and Neeraj Agarwal S/o. Ashok Agarwal, and M/s. Pacs Chemical (defendants 1 and 5 (in short" the defendants") filed by the plaintiff-appellant.

2. The brief facts giving rise to this first appeal are that the plaintiff-appellant filed a civil suit before the trial court for perpetual and mandatory injunction on infringement of trade mark and infringement of copyright and for the damages and rendition of accounts, it was stated in the plaint that the plaintiff-appellant is a company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing, selling and exporting 'iodized Salt

























































































































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