FAO No.386/2008 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.