ORAL ORDER DICTATED IN OPEN COURT : – This Miscellaneous appeal is filed by the plaintiff under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 being aggrieved of order dated 14-3-2022 passed by the learned 16th District Judge, Jabalpur in R.C.S. 146-A/2022 (Hindustan Bidi Manufacturing vs. Mr. Sunderlal Chhabilal and another).

2. The appellant’s grievance is that vide impugned order, the trial Court has rejected an application under Order 39, Rule 1 and 2, Civil Procedure Code and has refused to grant injunction in favour of the plaintiff.

3. Plaintiff’s case is that they are registered trade mark holder of ‘Calcutta Bidi’, which is registered under IV schedule of category 34 of the Trade Marks Act 1999 bearing registration No. 736773 and 1780832.

4. It is plaintiff’s case that plaintiff is registered under the provisions of Excise Act since 5-10-1994 and also under the Copyright Act since 2005.

5. It is submitted that defendant who is a manufacturer and seller of the identical product namely tobacco filled bidis obtained a copyright registration on 24-5-2021 claiming himself to be a user of that artistic work since 12-10-1999, Annexure R-3 and started selling his product