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Aadhar Products (P) Ltd. vs. Lotus Organic Care & Anr.

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Trade Marks Act, 1999–Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Application for temporary injunction–Dismissal of–Suit for infringement of Trade Mark and copyright–Prayer clause of the injunction application was for issuance of decree of temporary injunction–In the application, only the order can be passed–Grant of relief as prayed for in the main suit, can be granted in the temporary injunction application only in rare cases–Contention of the appellant that he is engaged in the production of the product in question since 2006, whereas contention of respondents is that they are engaged in the production and distribution of their product since 2007–Relief of temporary injunction would result in an irreparable loss to the respondents–No prima facie case of infringement of the intellectual property–Interference declined, however, the trial Court is directed to decide the original suit in expeditious manner.