- (1.) THE instant appeal is directed against the order dated 14th October, 1997 passed by Sri A.A.Khan, IInd Additional District Judge, Agra, in Suit No.19 of 1997, whereby application of the plaintiff/respondent (hereinafter referred as the 'respondent') moved under Order 39 Rules 1 and 2 and Section 151 of Civil Procedure Code has been allowed and objections filed by the defendant/appellant (hereinafter referred as 'appellant') were rejected and during pendency of the suit, the appellant was restrained from using the trade mark 'Power' and the design of pouch displayed in annexure 'Z' of the plaint.
(2.) HEARD Sri Arvind Srivastava, learned counsel for the appellant. None appeared for the respondent.
(3.) THE impugned order has been challenged on the grounds inter -allia the learned Judge did not peruse the documentary evidence filed on behalf of the appellant, he failed to take into consideration legal provisions regulating the rights of the respondents. Irrelevant evidence was taken into consideration. The learned Judge granted equitable relief of injunction without considering the prima -facie case, balance of convenience and irreparable loss. This is an interesting case wherein the respondent has brought an action for infringement of the legal rights protected under the Trade and Merchandise Marks Act, 1958 replaced by Trade Marks Act, 1999 (with effect from 15th September, 2003) and Copyright Act, 1957 before the Court of District Judge, Agra registered as Suit No.19 of 1997 (Rising Sun Food Products Pvt. Ltd. Vs. Som Fragrances Private Ltd. Kanpur).;