JUDGMENT :

Tashi Rabstan, J.

1. Through the medium of this appeal, the appellants seek setting aside of the order dated 15.09.2021, passed by the court of learned Principal District Judge, Jammu (for short the “Trial Court”) in a civil suit titled as “Joginder Pal Gupta vs. J.K. Oil Industries Trading Wing and anr.”, whereby made absolute the ex parte temporary injunction order dated 20.08.2021 till final disposal of the suit, on the grounds tailored therein.

2. It is contended in the appeal that the appellant No. 1 entered into an agreement with K.S. Oil Industries, who had registration of trademark “DO PATTAR” brand bearing no. 1201032 in Class 29, whereby K.S. Oil Industries has given exclusive right to the appellant No. 1 to use the trademark “DO PATTAR” and as per the agreement, K.S. Oil Industries itself cannot use the trademark “DO PATTAR”. The said agreement was to be renewed from time to time on discretion of appellant No. 1 on same terms and conditions on expiry of the agreement and further, right to terminate the agreement is with appellant No. 1 only. It is contended that the agreement was first entered on 14.02.2006 for the period of five year i.e. till 14.02.2011. The ap