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Raj Kumar Jain (M/s.) vs. Nircon Industries (M/s.) Pvt. Ltd.

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Trade Marks Act, 1999–Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Grant of temporary injunction upto effect that the defendant would not manufacture and sell his product from the day of passing the order, if the plaintiff pays him Rs. 30,000/- per month till the date of disposal of suit–Plaintiff selling his product in name of NIRCON where as the product of respondent is named as NICRON–Accounts of respondent were not produced before trial Court, therefore, damage which would be caused to him, cannot be determined–Held, condition of paying the amount Rs. 30,000/- per month is modified upto effect that if the plaintiff fails in the suit, he will pay the amount of loss with interest to respondent.