RAJESH MASRANI Vs. TAHILIANI DESIGN PVT LTD

JUDGEMENT

(1.) THE present appeal has been filed under Order XLIII Rule 1 CPC against the order dated 16th July, 2008 passed by the learned Single Judge of this court allowing the application of the respondent (plaintiff in the suit)under Order XXXIX Rule 1 and 2 CPC for restraining the appellant/defendant from reproducing, printing, publishing and distributing, selling or offering for sale prints in any form, whatsoever that are colourable imitation or substantial reproduction of the plaintiffs fabric prints including the underlying drawings/sketches thereof and dismissing the application of appellant (defendant in the suit) under Order XXXIX Rule 4 CPC read with Section 151 for vacation of ex-parte injunction order passed by this court on 2nd February, 2007.

(2.) THE Plaintiff-Respondent herein filed a suit CS (OS) No. 183/2007 on 01. 02. 2007 seeking a decree of permanent injunction, damages and rendition of accounts against the defendant for infringement of the Plaintiffs alleged copyright in the designs allegedly developed by the Plaintiff.

(3.) THE Plaintiff, Tahiliani Design Pvt. Ltd. is a Private Limited company under the creative leadership of Mr. Tarun Tahiliani. It has a major presence in the fashion industry in India and enjoys a global reputation and has over 80 outlets in 20 countries.