ARUN BHANSALI,J. - (1.) Heard learned counsel for the parties on the stay application.
(2.) The present appeal arises out of order dated 08.02.2018 passed by Additional District Judge No. 2, Sri Ganganagar, whereby, the application filed by respondent under Order 39, Rule 1 and 2 CPC has been accepted and the following injunction has been granted:- ...[VERNACULAR TEXT OMITTED]...
(3.) It is submitted by learned counsel for the appellant that the trial court fell in error in granting the injunction, inasmuch as, the trade mark "1482 SURYA BHOG" was only registered under the Trade Marks Act, 1999 ('the Act'), the label mark was registered and the pleadings in the suit also did pertain to the label mark and/or passing off despite that the trial court granted injunction by making observations as if the label mark was also registered and/or the suit pertained to passing of and, therefore, the order impugned deserves to be stayed. It was submitted that on account of grant of injunction the appellant is suffering irreparable loss and that balance of convenience is also in favour of the appellant.;