- (1.) This appeal under Clause 15 of the Letters Patent is at the instance of a defendant in a suit for damages alleging passing off and is directed against order dated January 21, 2011, passed by a learned Single Judge of this Court by which His Lordship allowed an application for injunction restraining the appellant from using the mark Orient or any colourable imitation thereof in respect of the item of electric lamps till the disposal of the suit.
(2.) Being dissatisfied, the defendant has come up with the present appeal.
(3.) The respondent before us, viz. one Jayanta Lamp Industries Pvt. Ltd. filed in the Original Side of this Court a suit being C.S. No.259 of 2009 against the appellant, viz. Orient Papers & Industries Ltd. and thereby praying for a decree for permanent injunction restraining the defendant, its group of companies, directors, servants, agents, assigns, dealers and retailers and each of them, from in any way using the trademark ORIENT or any other mark deceptively similar thereto in respect of lamps of any description and also for permanent injunction restraining them from in any way passing off the lamps of the plaintiff by manufacturing, causing to manufacture, selling, advertising lamps bearing the trademark, ORIENT or any other mark deceptively similar thereto in respect of lamps of any description and also for a decree of Rs.11 lakh as damages.;