BAJAJ ELECTRICALS LTD Vs. GOURAV BAJAJ AND ANR

JUDGEMENT

(1.) Mr. Kamod, Ld. Advocate for the Plaintiff submits that the papers and proceedings in the present matter alongwith the notice of today's application have been duly served upon the Defendants on 24 th February 2020 and 25th February 2020. He has tendered an affdavit of service dated

(2.) nd March 2020 proving service of documents upon the Defendants. Despite service, no one is present on behalf of the Defendants. 2. This is an action for infringement of the Plaintiffs' registered trademarks, copyrights combined with a cause of action for passing off. The Plaintiff's Clause XIV Leave Petition seeking leave under Clause XIV of the Letters Patent (Bombay) to combine the cause of action for passing off with the cause of action for infringement of trade marks and copyrights is allowed. The Plaintiff is presently only pressing for ad-interim reliefs in terms of prayer clauses (a), (b) and (c) of the Interim Application and are not pressing for the remaining reliefs at this stage.

(3.) It is stated that the Plaintiff is a public limited company duly incorporated under the Indian Companies Act , 1913 and deemed to exist within the purview of the Companies Act , 2013. It is stated that the Plaintiff is a part of the Bajaj conglomerates of businesses and industries, one of the oldest business groups in India. It is stated that the Plaintiff has diversifed business interests and is inter alia engaged in manufacturing, marketing and selling of various consumer household and industrial goods including electric lamps and bulbs, lighting fttings and electric domestic appliances like irons, fans, air-coolers, pressure cookers, ovens, toasters, heaters, geysers, mixer grinders and parts thereof, water purifer, water flters, pumps and industrial items like high masts, towers and other like goods and services thereof. It is stated that the Plaintiff also provides superior quality services in respect of purchase and sale of electrical and electronic appliances and goods through various outlets all over India. It is stated that the Plaintiff has 19 branch offces spread in different parts of the country called 'BAJAJ WORLD' and approximately 462 customer care centers. Few photographs of the Plaintiff's retail outlets bearing the Plaintiff's mark BAJAJ WORLD are at Exhibits B-1 to B-4 to the Plaint.