LAWS(GJH)-2018-7-91

GROUP SEB (INDIA) PRIVATE LIMITED Vs. SYMPHONY LIMITED

Decided On July 26, 2018
Group Seb (India) Private Limited Appellant
V/S
Symphony Limited Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dated 08.08.2017 passed by the learned Judge, Commercial Court, City Civil Court, Ahmedabad below Exhs.67 in Commercial Trade Mark Suit No.8/2017 by which the learned Commercial Court has partly allowed the said applications - notice of motion and has granted the temporary injunction against the appellants herein - original defendant No.1 in terms of para 38A of the application for interim injunction, the original defendant No.1 has preferred the present Appeal From Order.

(2.) The facts leading to the present Appeal From Order in nutshell are as under:

(3.) That the sales turnover of the plaintiff for the Diet Model for the year 2009 till 2016 is Rs. 73,197 lakh in total and that the plaintiff has averred to have spent huge amount on promotion of its business for the year 201415 by spending more than Rs. 3134.23 lakh;