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ALLAHABAD HIGH COURT
SMT. SAROJ VERMA – Appellant
Versus
M/S JAY CHEMICAL WORKS – Respondent


Neutral Citation No. - 2023:AHC:225904

Court No. - 10

Case :- FIRST APPEAL FROM ORDER No. - 1387 of 2023

Appellant :- Smt. Saroj Verma

Respondent :- M/S Jay Chemical Works

Counsel for Appellant :- Gautam

Counsel for Respondent :- Brijesh Kumar Singh

Hon'ble Kshitij Shailendra,J.

1. Heard Sri Gautam, learned counsel for the defendant-appellant

and Sri G.K. Singh, learned Senior Counsel, assisted by Sri Brijesh

Kumar Singh, learned counsel for the plaintiff-respondent.

2. The present appeal, under Section 13(A) of Commercial Courts

Act 2015 read with Order 43 Rule 1(r) of CPC, has been filed by the

defendant-appellant challenging the order dated 06.06.2023 whereby the

court below has allowed the application seeking temporary injunction

filed by the plaintiff-respondent in Original Suit No.12 of 2021 (M/S Jay

Chemical Works through its Proprietor Shri Jay Kumar Vs. Smt. Saroj

Verma, Proprietor M/S S.V. F.M.C.G. Products) and restrained the

defendant-appellant from manufacturing, selling, advertising, directly or

indirectly carry out any business by using the trademark "Lal Patta" qua

its products.

3. Briefly stated facts of the case are that the aforesaid suit was filed

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