MAHARSHI PACKAGING MACHINES PVT. LTD. Vs. MAHARSHI UDYOG

JUDGEMENT

(1.) Heard learned advocate Mr.Pratik K. Chaudhary for the petitioner and learned advocate Mr.Saurin Mehta for respondent No.1, at length. None appeared for respondent Nos.2 to 4, though served.

(2.) The challenge in this petition is directed against order dated 30th November, 2018 passed by learned Judge, Commercial Court at City Civil Court, Ahmedabad below Exh.116 in Commercial Trademark Suit No.20 of 2017. The application below Exh.116 by the petitioner-defendant was to get framed an additional issue in the suit as - "Whether the plaintiff's registration over the trademark Maharshi Udyog is valid". The said prayer for framing of the issue came to be rejected.

(3.) Respondent No.1-the plaintiff herein M/s.Maharshi Udyog, a partnership firm, instituted aforesaid Commercial Suit, praying for permanent injunction against the defendants from using the mark containing "Maharshi" and/or any other name or mark identical or deceptively similar to the plaintiff's registered trademark "Maharshi". Injunction was also prayed for from using the similar name or mark in manufacturing or marketing the goods and services, and further to restrain the defendants from committing the act of passing-off. Also was the prayer seeking rendition of accounts and for praying compensation for loss and damages claim to have occurred to the plaintiff because of the use of the said name/mark by the defendants.