SAUMITRA DAYAL SINGH,J. - (1.) This appeal has been filed by the defendant in the suit, under Order 43, Rule 1(r) of the Code of Civil Procedure (hereinafter referred to as 'the Code') against the order passed by Additional District Judge, Court No. 5, Agra in Original Suit No. 1 of 2012 dated 23.01.2013. By that order the trial court has allowed the application 8 Ga in part. It has thereby restrained the appellants from using the words 'Panchhi', 'Pakshi', 'Pakshi Raj' or 'Pakshi' in any other manner in the conduct of their trade and business.
(2.) Briefly, plaintiff-respondent no. 1, Kanhaiya Lal instituted Suit No. 1 of 2012 seeking relief of permanent injunction against the present appellants from using the trademark/trade name 'Panchhi' or 'Pakshi' or any other deceptively similar name in their business in any manner whatsoever either in making advertisement of their business or by printing or putting through labels or otherwise the above name on the polythene bags, boxes and containers to sell their products such as 'petha, dalmoth and namkeen,' etc. and also to restrain the appellants from passing of their goods as those of the plaintiffs sold from much before under registered trademark 'Panchhi'. Other relief for delivery and destruction of all the polythene bags, etc. was also prayed for a decree for accounting was also specifically prayed for. The suit is pending.
(3.) In the aforesaid suit an application 8 Ga was filed under Order 39, Rule 1 and 2 read with Section 151 of the Code, for grant of an ad-interim injunction against the defendant-appellants from using the trademark/trade name 'Panchhi' or 'Pakshi' or any other deceptively similar name in their business in any manner whatsoever and other ancillary relief.;