LAWS(BOM)-2022-10-118

KEWAL ASHOKABHAI VASOYA Vs. SUARABHAKTI GOODS PVT. LTD

Decided On October 07, 2022
Kewal Ashokabhai Vasoya Appellant
V/S
Suarabhakti Goods Pvt. Ltd Respondents

JUDGEMENT

(1.) The original Defendants in the Commercial Intellectual Property Suit have come in appeal against a without notice ad- interim order dtd. 15/9/2022 by RI Chagla J. That order was passed on the application of the original Plaintiff, which is the Respondent to the Appeal.

(2.) By the impugned order, Chagla J granted a time-limited ad- interim injunction and appointed a Court Receiver for a limited purpose. He also passed the necessary directions under Order 39 Rule 3 of the Code of Civil Procedure, 1908 ("CPC"). The order is operative only until 19/10/2022. Specific liberty is reserved to the Defendants to apply for a variation of the order with 72 hours prior written notice to the advocates for the Plaintiff.

(3.) The suit is a trademark infringement action combined with a cause of action in passing off. A Leave Petition under Clause 14 of the Letters Patent to combine the two causes of action is pending.