KSB AKTIENGESELLSCHAFT GERMANY AND ORS. Vs. ANIL AGARWAL

JUDGEMENT

(1.) This order disposes of the Plaintiff's Notice of Motion. Thought the application is for reliefs in both infringement and passing off, Ms. Kshirsagar for the Plaintiffs restricts her reliefs to those in passing off.

(2.) I passed an ad interim order on 22nd September, 2014, noting a statement made on behalf of the Defendant that the Defendant would not, until 1st October, 2014, use the offending mark "KSB" in relation to any goods. This order was continued on 1st October, 2014 until further orders. The Defendant has since filed an Affidavit in Reply; there is also an Affidavit in Rejoinder. The Defendant has, however, been absent on every occasion after 12th June, 2015, when he was last represented in Court. The order sheets and roznamas of 24th July 2015 (S. J. Kathawalla, J.), 13th August, 2015 (S.J. Kathawalla, J.) and 16th June, 2016 all indicate that the Defendant has not, on any of these three occasions, appeared in Court.

(3.) I have heard Ms. Kshirsagar. She has taken me through the plaint, its annexures and paperbook in the Notice of Motion. She has also placed for consideration a comprehensive note that covers all the relevant aspects of this matter, including a very fair summary of the defences taken in the Affidavit in Reply.