PIDILITE INDUSTRIES LIMITED Vs. ASTRA CHEMTECH PVT. LTD.

JUDGEMENT

(1.) The defendants have filed the present application under first proviso to Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 (CPC) for vacating order dtd. 24/10/2024, passed by this Court (Coram : R.I. Chagla, J.), whereby ex-parte ad-interim reliefs were granted in favour of the plaintiff. The defendants claim that the plaintiff knowingly made false and misleading statements in relation to material particulars in their pleadings while obtaining the aforesaid order dtd. 24/10/2024. The defendants have principally raised two grounds in support of the said prayer. Firstly, that the plaintiff deliberately misrepresented the registered trade mark of the defendants and placed comparison between the registered trade mark of the plaintiff on the one hand and a misrepresented version of the registered trade mark of the defendants on the other, in order to obtain ex-parte ad-interim reliefs. Secondly, it is alleged that the plaintiff quoted only a portion of the reply sent on behalf of the defendants to the plaintiff to the cease and desist notice, so as to give a distorted version of the assertions made on behalf of the defendants in the said reply, while obtaining the said ex-parte ad-interim reliefs. It is the case of the defendants that by indulging in such acts, the plaintiff violated the mandate of the law laid down in various judgments in the context of the first proviso to Order XXXIX Rule 4 of the CPC and on that basis, the defendants are seeking to vacate the order dtd. 24/10/2024.

(2.) The pleadings in this application were completed wherein the parties have made allegations and counter allegations. The documents and material on record are sought to be interpreted by the parties in support of their respective stands. In that light the learned counsel for the parties were heard.

(3.) Dr. Virendra Tulzapurkar, learned senior counsel appearing for the defendants submitted as follows :