SHANTARAM TUKARAM SARFARE Vs. SANDHYA SHANTARAM SARFARE

JUDGEMENT

(1.) Admit. Heard finally by consent of parties.

(2.) This appeal is directed against the order passed by the learned Single Judge of this Court (Coram: G.S. Patel, J) in Notice of Motion (L) No. 2311 of 2016 in Suit (L) No.810 of 2016 dated 26th October, 2016. The appellant is original defendant. The respondentplaintiff filed Suit in the Ordinary Original Civil Jurisdiction of this Court invoking the provisions of Trade Marks Act, 1999 praying for various reliefs as described in the Suit. Pending hearing of the Suit a Notice of Motion was filed by the plaintiff for interim reliefs which are incorporated in impugned order in paragraph 26 by the learned Single Judge. The defendant filed reply to the said Notice of Motion. The learned Single Judge granted prayer clauses (a), (b), (c) and (d) of the Notice of Motion.

(3.) The plaintiff filed a Suit for infringement of registered trade marks being a label mark of "SUKOON OIL" bearing registration no.1421905 in class 03 and also 1377947 in class 05. The Suit was filed for infringement of copyright in "SUKOON" label.