- (1.) Aggrieved by the order dated 2-1-2014, passed by the Additional District Judge, No. 3, Jaipur Metropolitan, Jaipur whereby the learned Judge has partially granted a temporary injunction in favour of the appellant-plaintiff, M/s Vijay Solvex Ltd. ('the plaintiff', for short), both the plaintiff and the respondent No. 2, M/s Vijay Industries ('the defendant No. 2', for short) have filed these cross-appeals before this court. Although the case is listed for orders, but with the consent of both the parties, these two appeals are being decided finally by this common judgment.
(2.) The brief facts of the case are being taken from S. B. Civil Misc. Appeal No. 199/2014, M/s Vijay Solvex Ltd. v Shri Hari Agro Industries and Ano. According to the plaintiff, it has filed a civil suit for declaration, mandatory injunction and permanent injunction against respondent No. 1, M/s Hari Agro Industries Ltd ('the defendant No. 1', for short), and against the defendant No. 2 for infringement and for passing off under the Trade Mark Act, 1999 ('the Act', for short), and for infringement of copyright under the Copyright Act, 1957. Along with the civil suit, the plaintiff has also filed an application under Or. 39, Rule 1 and 2 CPC for temporary injunction.
(3.) Formed in 1987-88, according to the plaintiff, it is a company registered under the Company Act, 1956; its registered office is in Alwar, Rajasthan. Since its inception, it has been producing refined oil under the trade mark of SCOOTER. Moreover, since 1994-95 it has been producing vanaspati ghee known as SCOOTER VANASPATI. From 4-8-2010, it has also been producing a premium vanaspati under the trade mark of SCOOTER GOLD VANASPATI.;