Swamys Food Products vs Jose C.O
2023 Latest Caselaw 232 Ker

RFA No.73/2022                                 1/1

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR. JUSTICE P.SOMARAJAN
                 Friday, the 6th day of January 2023 /16th Pousha, 1944
                           IA.NO.1/2022 IN RFA NO. 73 OF 2022

                 OS 28/2019 OF II ADDITIONAL DISTRICT COURT,ERNAKULAM

   PETITIONER/APPELLANT/DEFENDANT:

          M/S.SWAMYS FOOD PRODUCTS, VAIKOM VILLAGE AND TALUK, KOTTAYAM
          DISTRICT, PIN - 686 142, REPRESENTED BY ITS PROPRIETOR, R.JANAKI.

   RESPONDENT/PLAINTIFF/PLAINTIFF:

          JOSE C.O., AGED 61 YEARS, S/O.OUSEPH, CHIRAKKAMANVALAN HOUSE,
          PROPRIETOR, M/S.GREEN VALLEY CONDIMENTS, AYROOR POST, KUNNUKARA
          VILLAGE, NORTH PARAVUR TALUK, ERNAKULAM DISTRICT, PIN - 683 579.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of judgment and decree, in OS No.28/2019 except to the clarification given
   as "It is hereby clarified that the aforesaid perpetual injunction granted
   by this Court will not affect the right of the Appellant to market and
   sell its product using its registered trade marks " HOME FRESH SWAMYIS
   PRODUCT" as shown in Ext.B2, till the disposal of the appeal in the
   interest of justice.

        This Application again coming on for orders upon perusing the
   application and the affidavit filed in support thereof and this Court's
   order dated 28/11/2022 and upon hearing the arguments of SRI.BENOY
   K.KADAVAN,SMT.LAYA GEORGE, Advocates for the petitioners and of
   SRI.T.M.RAMAN KARTHA, Advocate for the respondent, the court passed the
   following:


                                          ORDER

Interim order is extended till 1/2/2023.

Sd/- P.SOMARAJAN, JUDGE

06-01-2023 /True Copy/ Assistant Registrar