APPLICATION FOR INTERIM INJUNCTION

IN THE COURT OF THE CIVIL JUDGE, ___________

Civil Suit No.  ___________10/10 /20

Arnob Murgwala s/o Arvind Kejru Murgwala aged 45 yrs

Resident of 30, Park Street

Kolkata, West Bengal……………......................................... Plaintiff

Versus

Arnab Murgwala s/o Arvind Kejru Murgwala aged 43 yrs

Resident of 122, A. J. C. Bose Road

Kolkata, West Bengal…...................................................... Respondent

APPLICATION FOR INTERIM INJUNCTION

(Order XXXIX Rule 1 and 2 of Civil Procedure Code)

The plaintiff above named submits this application, praying to state as

follows:

1. That the plaintiff has filed the present suit for Permanent Injunction and
Damages.
2. That it is the case of this plaintiff that the amicable division of property
saw plaintiff taking control of the restaurant business. Its trademark was
registered in 1999, although it had been in use since 1970.
3. That a prima facie case is established and further investigation or action
is needed.

4. That the plaintiff submits that he demanded that when the respondent’s
trademark got registered and was using the same for advertisements and
other purposes in the business. The trademark of Respondent which
because of its similarity to the plaintiff’s registered trade mark is likely to
cause confusion on the part of the public.

5. That the plaintiff, also submits that it may take a considerable time for
the final decision in this suit, therefore, the respondent shall be facing a
temporary injunction restraining the respondent from using the trademark
registered. That if the respondents are not restrained there will be
irreparable loss suffered by the applicant.

6. The plaintiff, therefore, prays that your Honour finds it fit to deliver a
show-cause notice to the opposite party putting forward the reasons why
the injunction shouldn’t be granted. Pending hearing of such injunction
petition, it is prayed that an interim injunction order is passed to restrain
the defendants from causing any harm to the disputed property.

7. That an affidavit in support hereof is filed herewith.

 PLAINTIFF:

Place:                                                                                

Date:

Advocate for plaintiff:

 
 AFFIDAVIT

I, ______________________________, the present plaintiff, do hereby state

on solemn affirmation as follows :

1. The property described in para 1 of the plaint originally Plaintiff is the

owner of a restaurant, ‘Murgwala’s Best Butter Chicken (MBBC)’
situated at Kolkata, West Bengal.

2. That when the respondent found a new restaurant in Delhi in the year
2006 first, and later in Kolkata in 2017, also got it registered in the year 2018
and started using it for advertisements, promotions and other purposes.

3. That the plaintiff accordingly has spent a massive amount in advertising

to generate revenue for itself. Because of this, it has become immensely
identifiable as a brand in itself.

4. That the plaintiff submits that the respondent has been obstructing the
plaintiff in his enjoyment of his property because the trademark of
respondent’s being very similar to the registered trademark of plaintiff and
also the identity or similarity of the goods or services is leading to loss to
the plaintiff.

WHATEVER stated above is true and correct to the best of my knowledge

and belief, and so I have signed hereunder at
___________________________________PLAINTIFF