PIGEON INDUSTRIES PRIVATE LIMITED Vs. STOVE KRAFT LIMITED

JUDGEMENT

(1.) Challenging order dtd. 21/10/2022 passed by XVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-10), in O.S.no.6765/2022 on I.As.no.1 to 3, this writ petition is filed.

(2.) Petitioner herein was defendant, while respondent herein was plaintiff.

(3.) Sri. C.K.Nandakumar, learned Senior Counsel appearing for Sri.Sanjay H Sethiya, advocate for petitioner submitted that under impugned order, trial Court has not only granted ex-parte ad-interim order of temporary injunction restraining defendant from infringing and passing of trade mark of plaintiff namely Pigeon in any manner including by use of mark Pigeon or any other trade mark similar to registered trade mark in respect of kitchen/home appliances, but also ordered appointment of Court Commissioner for searching premises of defendant stated in sl.nos.1 and 2 in memo dtd. 21/10/2022 and seize infringing products to take photographs of premises from outside and inside noting door number/building number etc., of property and prepare inventory after drawing detailed mahazar and to take measures to preserve properties if seized and seal property. It also reserved liberty to Court Commissioner to keep seized properties in premises provided by plaintiff and seal said premises etc., and also permitted Court Commissioner to transport seized properties to any other premises where they can be preserved safely till disposal of suit etc.