IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 FAO.No. 255 of 2009() --------------------- OS.31/2009 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... APPELLANTS/RESPONDENTS-DEFENDANTS ----------------------------------------------------- 1. A.P.SHAJAHAN, S/O.A.P.HAMEED, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER AND 4TH APPELLANT A.SALIM, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT. 2. A.P.AKBAR, S/O.A.P.HAMEED, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER AND 4TH APPELLANT A.SALIM, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT. 3. A.P.ANWAR, S/O.A.P.HAMEED, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY HOLDER AND 4TH APPELLANT A.SALIM, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT. 4. A.SALIM, S/O.A.P.HAMEED, AYIKKAPADATH HOUSE, KANHIRAMUKKU.P.O, MALAPPURAM DISTRICT. 5. M/S.GULF BROTHERS HAIR FIXING, PUTHUSSERY BUILDING, NEAR JAWAHARLAL NEHRU INTERNATIONS STADIUM, DESHABHIMANI JUNCTION, ERNAKULAM. REPRESENTED BY 4TH APPELLANT. 6. M/S.GULF BROTHERS HAIR FIXING, 3RD FLOOR, POTTEKKATTU BUILDING, NEAR PARAMEKKAVU TEMPLE, ROUND EAST, THRISSUR, REPRESENTED BY 4TH APPELLANT. 7. M/S.GULF BROTHERS HAIR FIXING, 2ND FLOOR, BHARATH TOWERS, OPP.KSRTC.BUS STAND, CHINNAKKADA, KOLLAM, REPRESENTED BY 4TH APPELLANT. 8. M/S.GULF BROTHERS HAIR FIXING, EDAPPAL - CHUNKAM, OPP.PETROL PUMP, THRISSUR ROAD, EDAPPAL, MALAPPURAM. REPRESENTED BY 4TH APPELLANT. 9. M/S.GULF BROTHERS HAIR FIXING, NEAR KSRTC.BUS STAND, PERUMBA, PAYYANOOR, REPRESENTED BY 4TH APPELLANT. 10. M/S.GULF BROTHERS HAIR FIXING, RNP BUILDING, SHASTAMANGALAM ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY 4TH APPELLANT. 11. M/S.GULF BROTHERS HAIR FIXING, SHOBHA TOWER, OPP.ASMA TOWER, MAVOOR AOD, KOZHIKODE, REPRESENTED BY 4TH APPELLANT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): PETITIONERS-PLAINTIFFS 1 & 2 ------------------------------------------- 1. M/S.GULF GATE HAIR FIXING PVT.LTD., W-3075,C-4, INTERCITY ARCADE,NEAR BHIMA JEWELLERY, MAVOOR ROAD,KOZHIKODE HAVING ITS BRANCH OFFICE AND PLACE OF BUSINESS AT MUNDETH BLDG., NEAR A.J.HALL, KADAVANTHARA ROAD, KALOOR, ERNAKULAM, REPRESENTED BY ITS CHIEF EXEVUTIVE OFFICE, MR.K.M.SUBHASH. 2. MR.A.P.SAKEER HUSSAIN, A/O.A.P.HAMEED, W-3075,C-4, INTERCITY ARCADE,NEAR BHIMA JEWELLERY, MAVOOR ROAD,KZD, CHAIRMAN & M.D. OF M/S.GULF GATE HAIR FIXING P.LTD.,MAVOOR ROAD, KZD.HAVING ITS BRANCH OFFICE & PLACE OF BUSINESS AT MUNDETH BLDG. NEAR A.J.HALL,KADAVANTHARA ROAD,KALOOR,ERNAKULAM. ADV. SRI.BABU KARUKAPPADATH THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````````````````````````` F.A.O. No. 255 OF 2009 ``````````````````````````````````````````````````````` Dated this the 26th day of October, 2009 J U D G M E N T Joseph, J. This is an appeal filed against an ex parte interim order of injunction. The case of the respondents is apparently based on the registered trade mark and also passing off. According to the learned counsel for the appellants, there is no case made out for the grant of an ex parte interim order. He submits that he has also filed a counter affidavit. He further points out that in the meantime the respondents have filed an application for appointment of a Commission and also another application for taking action under Order 39 Rule 2A C.P.C., complaining of violation of the interim order. Learned counsel for the appellants would point out that the appellants had approached the court below, filed a counter and also sought to advance the case. The learned counsel for the respondents would submit that they will not proceed with the application for taking action under Order 39 Rule 2A C.P.C. or the application for appointment of the Commission, till orders are FAO.255/2009 : 2 : passed on respondents' application in which the ex parte order is passed and in which the appellants have already filed counter affidavit. We record the submission and we further direct the court below to take up I.A. No.5833/2009 on 30-10-2009 itself and proceed to pass appropriate orders in accordance with law at the earliest. The appeal is disposed of as above. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks