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2016 Supreme(Raj) 234

PRASHANT KUMAR AGARWAL
Maheshwari Tea Company Pvt. Ltd. – Appellant
Versus
Vijay Agencies – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. G.D. Bansal
For the Respondent: Mr. Mahendra Sharma

JUDGMENT :

Prashant Kumar Agarwal, J.

Heard learned counsel for the parties.

2. The plaintiff-appellant has filed this civil misc. appeal under Order 43 Rule 1(r) CPC against the order dated 26.3.2015 passed by the Additional District Judge No. 9, Jaipur Metropolitan, Jaipur in Civil Misc. Case No. 10/2015 whereby the learned trial Court has dismissed the application under Order 39 Rule 1 & 2 CPC filed by the appellant for grant of temporary injunction.

3. Brief relevant facts for the disposal of this appeal are that the appellant filed a civil suit against the defendant-respondent for rendition of accounts, damages and permanent injunction for infringement and passing off action of the registered trademark “Maheshwari” and artistic work/design of the packaging material with the averment that respondent has recently started using decepetively similar trademark “Maleshwari” with similar artistic work/design of the packaging material of the appellant. The appellant also filed an application for temporary injunction. It is the case of the appellant that it is a private limited company which was incorporated in the year 1997 and prior to it the Directors/Promoters of the Company were carry








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