Pankaj Mithal, J. - (1.) The plaintiff-respondent M/s Girraj Food Products, Hathras through its proprietor instituted Original Suit No. 1 of 2009 against the defendant-appellants under the Trade Marks Act, 1999 (hereinafter referred to as an Act) for permanent injunction restraining the defendants from packing and selling 'Namkeen' with the name of 'Raja Chaudhary' which was said to be similar and deceptive to the registered trade mark 'Chacha Chaudhary' of the plaintiff-respondent; for accounting with regard to sale so for made with the deceptive name; and for seizer of all such deceptive material.
(2.) The suit was instituted on 12/12/2007 and an application for interim injunction was also moved therein. The application was opposed by the defendant-appellants by filing objection on 19/3/2009 and further written statement and it was inter alia contended that as the registered trade mark of the plaintiff-respondent itself is in question, the proceedings of the suit are liable to be stayed and that the trade name used by the defendant-appellants is quite distinct and different to the registered trade mark of the plaintiff-respondent so as to be called deceptive. The application on contest has been allowed by the impugned judgment and order dated 20.4.2009 and the defendant-appellants have been restrained from packing, selling and marketing any 'Namkeen' under the trade name 'Raja Chaudhary' which is said to be similar and deceptive to the trade mark 'Chacha Chaudhary' which is prima facie registered in the name of the plaintiff-respondent.
(3.) Aggrieved, the defendant-appellants have preferred this First Appeal From Order.;