LAWS(DLH)-2001-1-100

ALTAB HOSSAIN Vs. HOWRAH SUPER BIRI NO 202

Decided On January 23, 2001
ALTAB HOSSAIN Appellant
V/S
HOWRAH SUPER BIRI NO.202 Respondents

JUDGEMENT

(1.) The Plaintiff has filed a suit for a perpetual injunction restraining the Defendants from manufacturing and selling biris under the name and style of HOWRAH BIRI.

(2.) The Plaintiff filed IA No. 5582 of 1997 for an interim injunction against the Defendants. An ex parte ad interim injunction was granted in favour of the Plaintiff on 4/07/1997.

(3.) Feeling aggrieved by the ex parte injunction, the Defendants filed FAO(OS) No. 178 of 1997. On 17/10/1997 the Plaintiff stated before the Division Bench that the parte order may be vacated and the injunction application be decided on merits. In the meanwhile, the Defendants filed IA No. 9381 of 1997 praying for an injunction restraining the Plaintiff from manufacturing and marketing biris under the name and style of HOWRAH BIRI. Both these applications are now being disposed of.