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2022 Supreme(Raj) 2596

INDERJEET SINGH
Paresh Ajitkumar Kapoor – Appellant
Versus
Tomar Enterprises – Respondent


Advocates Appeared:
Mr. Rajendra Prasad, Sr. Counsel with Mr. Anuroop Singhi with Mr. Harshit Tolia & Mr. Rahul Khandelwal, for the Appellant; Mr. S.S. Hora & Mr. Rahul Lodha,Mr. Rajendra Prasad, Sr. Counsel, withMr. Anuroop Singhi with Mr. Harshit Tolia & Mr. Rahul Khandelwal, for the Respondent.

ORDER

1. At the request & consent of the respective learned Senior Counsels for the parties, the matter has been heard on the application filed by the plaintiffs under Order 39 Rule 1 & 2 CPC read with Section 151 CPC.

2. Brief facts which are relevant for disposal of the application filed by the plaintiffs under Order 39 Rule 1 & 2 CPC read with Section 151 CPC are that a suit came to be filed by the plaintiffs for infringement & perpetual injunction under Section 22 of the Designs Act, 2000 (hereinafter to be referred as the Act of 2000) against the defendants in the Court of District & Sessions Judge, Jaipur Metro-II, Jaipur along with the application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC seeking temporary injunction during pendency of the said suit. According to the plaintiffs, they are engaged in the activity of research and development of novel and unique designs of air cooler and also in the business of manufacturing, marketing, selling and exporting the air coolers across the country and to several foreign countries also. The plaintiffs applied for registration of design of their cooler with the Controller General of Patent, Design and Trademark (hereinafter

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