This appeal under Order 43, Rule 1(r), Civil Procedure Code has been filed at the instance of plaintiff whose application for issuance of temporary injunction has been rejected by learned trial Court on 3-7-2012 in Civil Suit No. 2-A/2012.

2. In brief the suit of the plaintiff as borne out from the plaint is that the plaintiff is a Company registered under the Companies Act, 1956 (in short "Companies Act") having its registered office mentioned in para 1 of the plaint. The plaintiff is involved in the business of brewing, marketing and sale of beer, non-alcoholic beverages and mineral water. The plaintiff manufactures and sells the beer in the name and trademark "Haywards 5000" while name of defendant's Beer is "Black Fort". The plaintiff has registered the bottle of its beer under section 9(1) of the Designs Act, 2000 (in short "Designs Act") having Registration No. 223479 dated 19-6-2009 registered on 15-1-2000. The beer which defendant manufactures is filled and bottled in its own bottles and apart from it, the defendant also used to purchase the empty bottles from the junk market and after recycling it fills its own product "Black Fort" and sells in the market. Thus, t