SHINE CHEM LABORATORIES Vs. STANDARD REAGENTS PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is filed challenging the order dated 21.07.2015 passed in I.A.No.658 of 2014 in O.S.No.1067 of 2014 by the XVI Additional District Judge and Sessions Judge cum XVI Additional Metropolitan Sessions Judge, Ranga Reddy District at Malkajgiri, wherein the injunction petition filed by the respondent/plaintiff was allowed and the defendant was restrained from manufacturing and selling his product Karl Fisher Reagent under Trade name of Stable 2Y++, pending disposal of the suit.

(2.) Defendant in the suit is the appellant herein. The parties hereinafter will be referred to as arrayed in the suit.

(3.) The proprietor of the defendants Company worked in the plaintiffs Company as a Marketing Manager for a period of 7 years from the year 2002-2009. Thereafter, he started a separate business and imitated the label, the trade name of the product Stable 2Y++ Single Solution KF Reagent and packed the product in a similar looking bottle and packing case and selling the same in the open market exhibiting as if the product being sold by the defendant as of his own product similar to that of the plaintiffs product with an intention to create confusion and deception in the minds of the customers and with an ulterior motive to injure his business, reputation and goodwill. That the said action of the defendant came to the knowledge of the plaintiff in the first week of September, 2014 and on that the plaintiff procured a sample of the product manufactured and marketed by the defendant. The act of defendant amounts to gross misrepresentation and passing off of goods branded deceptively in the name of the plaintiffs Company. Hence petition for injunction as noted above.