THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL MISCELLANEOUS APPEAL No.842 of 2013 Dated: 17.07.2014 Between:
M/s. Super Beedi Manufacturing Company, Rep. by its Proprietor Mohd. Lateef .. Appellant and M/s. Chatla Narsaiah & Sons, Proprietors of M/s.Vani Navashakthi Beedi Company, Rep. by M/s. Chatla Sanjeeva Kumar Partner.
.. Respondent Counsel for the appellant: Mr. M.R.S. Srinivas Counsel for the respondent: Mr. P. Rakesh The Court made the following:
JUDGMENT:
This civil miscellaneous appeal arises out of order dated 14.08.2013 in I.A.No.244 of 2013 in O.S.No.2 of 2013 on the file of the learned IX Additional District Judge, Kamareddy, whereby he has granted temporary injunction restraining the appellant from selling beedis in the name of ‘Super Vani Special Beedis’.
I have heard the learned counsel for both parties at length.
It is not in dispute that the respondent has got registered his copyright to sell beedis in the name of ‘Vani Navashakthi Beedis’ with trademark of ‘VNS’. Admittedly, the appellant has not got his copyright or trademark registered. The lower Court has held that the words ‘Super Vani Special Beedi’ in Telugu and the English letters ‘SVB’ bear striking similarities with the Telugu letters ‘Vani Navashakth Beedi’ and English letters ‘VNS’ of the respondent.
As the suit is pending, this Court is not inclined to express conclusive opinion on the merits of the case. The fact, however, remains that the appellant is in trade for a long time and this Court has granted interim suspension of the injunction granted by the lower Court, on 21.10.2013, and since then the interim order is subsisting in favour of the appellant. In these facts and circumstances, I deem it appropriate to direct the lower Court to dispose of the suit itself expeditiously, instead of disposing of the appeal on merits.
Accordingly, the civil miscellaneous appeal is disposed of with a direction to the lower Court to dispose of the suit within six months from the date of receipt of this order. Pending the suit, the interim order dated 21.10.2013 granted by this Court in favour of the appellant shall continue.
As a sequel to disposal of the appeal, C.M.A.M.P.Nos.1768 of 2013 and 367 of 2014 shall stand disposed of.
C.V.NAGARJUNA REDDY, J 17th July, 2014 IBL