CHUTRARAM NEMARAM GEHLOT Vs. RAJARAM MAGHARAM TAK

JUDGEMENT

(1.) Heard Mr.Alankar Kirpekar for the Plaintiff.

(2.) The Plaintiff seeks to move without notice to the Defendant for the reasons which are set out in paragraph 26 of the plaint. This is action for infringement of Plaintiff's register copyright in the artistic work titled as "PREM DULHAN GREEN LABEL" and infringement of Plaintiff's registered trade marks at Exhibit "D" to "D9".

(3.) Mr.Alankar Kirpekar submits that since leave petition under Clause XIV of Letters Patent to combine cause of action for passing off with the cause of action for infringement of trade mark, is not obtained, the Plaintiff is only pressing for relief in respect of infringement of trade mark as well as infringement of copyright and shall press for relief of passing off after obtaining such leave. Mr.Alankar Kirpekar states that in view of this today he is pressing ad-interim relief only in terms of prayer clauses (a), (b) and (c). Therefore, I have to consider whether the Plaintiff has made out the case for granting ad-interim relief and also whether the case is made out for granting the same exparte.