STEELBIRD HI-TECH INDIA LTD. Vs. S.P.S. GAMBHIR

JUDGEMENT

(1.) The plaintiff has filed a suit for permanent injunction restraining infringement of design under Registration No.241153, passing off, rendition of accounts, damages etc. The said suit was listed along with IA No.19671/2013 under Order 39 Rules 1 and 2 CPC wherein this Court passed the interim order. Upon service, the defendants have filed reply to the interim application and also filed an application being I.A. No.596/2014 under Order 39 Rule 4 CPC for vacation of the ex parte ad-interim order passed on 6th December, 2013.

(2.) i) The Plaintiff produces wide variety of open face and full face motorcycle helmets like Safety Helmets, Ski Helmets, Grand Prix Racing Helmets, Jet Helmets, Off Road Helmets, Moto Cross Helmets etc. in different sizes catering to all customer segments.

(3.) The defendants have filed the reply to the injunction application and also filed a separate application for vacation of the ex-parte orders. In the application under Order 39 Rule 4 CPC, the prayer is made that the ex-parte interim order dated 6th December, 2013 is liable to be vacated inter alia on the following grounds: