A.D.Padmasingh Isaac v. M/S.Pooja Food Products

O.A.Nos.614 and 615 of 2016 in C.S.No.491 of 2016 M.M.SUNDRESH, J.

This Court, on a prima facie consideration, was pleased to pass an order of interim injunction on 02.08.2016, which reads as under: "3.On a perusal of the documents filed, this Court is of the view that a prima facie case has been made out. Admittedly, the applicants are the registered trade mark holders and there appears to be similarity qua the colour scheme and get up. The applicants are also the prior users of the mark and they are having good will, apart from having substantial share over the market in which the business is being run.

4.Considering the submissions made by the learned counsel for the applicants and after going through the relevant documents, this Court is of the view that a prima facie case has been made out for grant of interim injunction. Accordingly, there shall be an order of interim injunction as prayed for, for a period of four weeks. The applicants/plaintiffs shall comply with Order 39 Rule 3(a) C.P.C. within a M.M.SUNDRESH, J.

mmi period of one week from the date of receipt of a copy of this order."

2.Despite service of notice and the name of the respondent having been printed in the cause list, there is no representation on behalf of the respondent.

3.In view of the above, the interim injunction granted on 02.08.2016 is made absolute and these applications are allowed. 31.08.2016 mmi O.A.Nos.614 and 615 of 2016 in C.S.No.491 of 2016