MANGALAM ORGANICS LTD. Vs. PATANJALI AYURVED LTD.

JUDGEMENT

(1.) By this Interim Application, which has been filed under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (for short "CPC") read with Sec. 151 of the CPC, the Applicant/Plaintiff has sought direction against the Defendants/Respondents to comply with the exparte ad-interim order dtd. 30/8/2023 and discontinue non compliance thereof. Further, relief is sought to punish with simple imprisonment Respondent Nos.2 to 10 who are in charge of the day to day business affairs of the Defendant /Respondent No. 1 for violation and / or disobedience of the exparte ad-interim order dtd. 30/8/2023 and for contempt of Court. The relief of disclosure and striking off the entire defence of Respondent No.1 in the present Suit are not being pressed.

(2.) This Court by the exparte ad-interim order dtd. 30/8/2023 passed in Interim Application (L) No.2226 of 2023 filed in the present Suit had granted ad-interim relief in terms of prayer clauses (a) and (c) of the Interim Application in favour of the Applicant/Plaintiff by which the Defendants/Respondents were restrained from in any manner using the impugned cone shape trade dress and impugned carton packaging shown at Exh.-X1 or any other shape/trade dress/carton packaging which is identical and / or deceptively similar to the Plaintiff's said cone shape trade dress and said artistic packaging shown at Exhibit I to the Plaint, so as to pass off the Defendants' impugned product and for those of the Plaintiff or in any other manner whatsoever. Further relief was granted in terms of prayer (c) which was for appointment of the Court Receiver and directions issued to the Court Receiver to execute the commission.

(3.) On 27th and 28/9/2023, the Court Receiver through the Additional Special Receiver who was also appointed under the order dtd. 30/8/2023 executed the commission and during which the Respondent/Defendant No. 1 was served with the copy of the said order and also copies of the pleadings filed in the above Suit. The Additional Special Receiver had prepared the Site Reports and the Defendant/Respondent No. 1 became fully aware of the exparte ad-interim order dtd. 30/8/2023.