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CA/6788/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 6788 of 2007
In
APPEAL
FROM ORDER No. 187 of 2007
=========================================================
HAFIZ
DRESSES - Petitioner(s)
Versus
ASHIQ
AHMED ABDUL - Respondent(s)
=========================================================
Appearance
:
MR
RR SHAH for
Petitioner(s) : 1,
MR FB BRAHMBHATT for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/08/2008
ORAL
ORDER
Present
application is filed by the applicant original defendant to stay the
impugned order passed by the learned trial Court passed below Exh. 5,
during the final disposal of the present Appeal from Order. Having
sum substance Appeal from Order is admitted and is fixed for final
hearing on 18.9.2008, the date which is convenient to the learned
advocate for the applicant. By impugned order passed below Exh. 5,
learned trial Court has allowed the Exh. 5 vide order dated 15.3.2007
restraining the appellant from using the name New Hafiz Brothers and
/ or same thereto i.e. Hafiz Dresses which is similar of New Hafiz
Brothers, which is being used by the original plaintiff and the same
injunction is continued since 15.3.2007. Granting of stay of the said
order at this stage would tantamount to allowing the Appeal from
Order without final deciding the same.
Under
the circumstances, prayer of the applicant to stay the order passed
below Exh. 5, which is in operation since 15.3.2007 is rejected.
Notice discharged.
(M.R.
Shah, J.)
Kaushik
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