V.C.MISRA, J. - (1.) HEARD Sri S.K. Verma, Senior Advocate assisted by Sri Siddarth Verma and Sri Pulak Ganguli, learned Counsel appearing on behalf of the appellant -defendant and Sri M.A. Qadeer and Mr. D.S. Misra, learned Counsel appearing on behalf of respon ­dent Nos. 1 and 2 -plaintiffs.
(2.) THE present appeal has been filed by the appellant -defendant chal ­lenging the order dated 29 -7 -2005 passed by the District Judge, Bareilly in Original Suit No. 6 of 2005 allowing in ­terim injunction application of the plain ­tiffs -respondents No. 1 and 2 moved under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure restraining the defendant -appellant from manufactur ­ing, marketing and trading the Khaini and Tobacco with the name and style of "Barged Fed Chhap Asali Nawab Dulha Khan". The facts of the case in brief are that one Niyamat Ullah Khan was run ­ning his business of Tobacco and Khaini under the trademark in the name -and style of "Nawab Dulha Khan Khaini" and when he died in 1992 his sons started the said business adding some additional words in the said trademark. The respondent -plaintiffs started their business of Tobacco with the trademark in the name and style of "Fed Chhap Nawab Dulha Khan Khaini" w.e.f. 1993, whereas the appellant -defendant started his business with the trademark in the name and style of "Chand Khajoor Chhap Anwar Dulha Khan" with emblem of Rais Dulha Khan, Bareilly depicting Central Excise Registration Certificate No. 8/R -1 BLY/93 on the wrappers.
(3.) THE respondents -plaintiffs filed Original Suit No. 6 of 2005 seeking in ­junction on the ground that the appel ­lant -defendant changed his trademark and caption and started his business with effect from February, 2005 in the name and style of "Bargad Fed Chhap Asli Nawab Dulha Khan Khaini" on the wrappers in which the words 'Bargad' and Asli' were written in very small let ­ters and was in very much resemblance with the trademark of respondents -plaintiffs causing deception, misguid ­ing the customers which resulted in damaging and affecting their business.;