CROMPTON GREAVES LIMITED Vs. SALZER ELECTRONICS LIMITED

JUDGEMENT

(1.) Pending suit for infringement, passing off and for appropriate reliefs of injunction, rendition of accounts and damages in respect of the trade secrets of the Plaintiff, the Plaintiff came up with 6 applications, the details of which are as follows:

(2.) On 25.8.2010, all the above applications were moved for ad interim ex parte orders and S. Rajeswaran, J., granted an interim order of injunction only in O.A. No. 926 of 2010 and also appointed an Advocate Commissioner in A. No. 4677 of 2010. In O.A. Nos. 925 of 2010, 927 of 2010, A. Nos. 4676 of 2010 and 4678 of 2010, the learned Judge ordered notice returnable by 4 weeks. In other words, an injunction was granted only in respect of passing off, though the prayer for passing off was of greater detail and too elastic in nature.

(3.) After service of notice, the first Defendant came up with an application in A. No. 5573 of 2010, seeking to vacate the interim order of injunction. When it came up for hearing on 8.10.2010 before A. Arumughaswamy, J., an undertaking was given by the first Respondent to the effect that they will not use the logos UL and CSA and the file numbers E178264 and 107484-0-000 while exporting their products. After recording the said undertaking, the learned Judge clarified that the first Respondent is permitted to export his products without using the logos UL and CSA and file Nos. E178264 and 107484-0-000. But the modification was confined only to the first Respondent.