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2016 Supreme(Raj) 1188

VEERENDR SINGH SIRADHANA
Manishankar Oils Pvt. Ltd – Appellant
Versus
S. V. M. Oil Industries – Respondent


Advocate Appeared:
For the Appellant :G.D. Bansal with Ashwani Gupta, Advocates.
For the Respondent:Amit Jindal, Advocate.

JUDGMENT :

Veerendr Singh Siradhana, J.

The instant appeal projects a challenge to the order dated 11th February, 2013, made by the trial Court, declining the application for grant of Temporary Injunction under Order 39 Rule and 2 CPC as well as order dated 17th July, 2013, declining the review application instituted for review of the order dated 11th February, 2013.

2. Shorn off unnecessary details, the essential skeletal material facts necessary for appreciation of the controversy are that the plaintiff-appellant instituted suit proceedings for permanent injunction against the defendant-non-appellant for the non-appellant infringed the exclusive use of trade mark "KABIRA". It is pleaded case of the plaintiff-appellant that the appellant-Company is registered under the Companies Act, 1956. The company is into the business of manufacture and sale of large variety of edible oils for human consumption under the trade mark "KABIRA". The appellant-Company also obtained a certificate of authorization to use of agmark from the Department of Agricultural and Cooperative, Government of India. The trade mark "KABIRA" acquired a high degree of distinctiveness on account of its long and extensiv







































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