OM LOGISTICS LTD Vs. SH MAHENDRA PANDEY

JUDGEMENT

(1.) By this judgement, I propose to dispose of the interlocutory application filed on behalf of the plaintiff under provisions of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) and the application filed on behalf of the defendant under Order XXXIX Rule 4 of the CPC for vacation of the interim order dtd. 16/9/2021.

(2.) By order dtd. 16/9/2021, this Court was pleased to grant an ex parte ad interim injunction in favour of the plaintiff, restraining the defendant from using the impugned mark "OM EXPRESS LOGISTICS" or any other mark that is similar to the plaintiff's trade mark "OM LOGISTICS LTD.".

(3.) The case set up by the plaintiff is as under: