Gulshan Kumar Arora vs Diamond Cycle P Ltd
2010 Latest Caselaw 2500 Del

                                                      UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                  CM NO. 16188/2008 in FAO NO. 386/2008

                                        Date of Decision: May 10, 2010


       GULSHAN KUMAR ARORA               ......... Appellant
                   through Mr. Gaurav Miglani with Mr.
                   Ankit Relan, Advocate

                      versus


       DIAMOND CYCLE P LTD             ..... Respondent
                    through Mr. Amjad Hussain with Mr.
                    Manish Singhal, Advocate

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the „Digest‟? No

REKHA SHARMA, J. (ORAL)

This appeal has been preferred against the order of Additional

District Judge Shri N K Goel dated August 12, 2008 whereby on an

application filed by the respondent herein under Order 39 Rules 1 and

2 of the Code of Civil Procedure, the appellant has been restrained

from manufacturing, selling, offering for sale, advertising, promoting

or otherwise dealing in "RUBBER SOLUTIONS FOR USE IN

PATCHING OF RUBBER TUBES AND RUBBER PATCHES FOR

TUBES" under the trademark `DIAMOND' and/or any other

similar/deceptively similar trade mark and from infringing the

FAO No.386/2008 copyright of the plaintiff with respect to the aforesaid artistic work on

the packing material and packing wrappers, till the final disposal of

the suit.

It is submitted by learned counsel for the appellant that he will

not press the appeal if a direction is given to the trial Judge to dispose

of the suit expeditiously.

In this view of the matter, the appeal is disposed of with a

direction to the trial Judge to dispose of the suit within one year from

now.

REKHA SHARMA, J.

MAY 10, 2010 PC.

FAO No.386/2008