Bombay High Court
Actis Technologies Pvt.Ltd. - ... vs Actics Technologies Pvt.Ltd. on 12 August, 2025
2025:BHC-OS:13467
45-IA(L)-18639-2022.doc
TALLE
SHUBHAM IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHOKRAO ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
TALLE SHUBHAM
ASHOKRAO
Date: 2025.08.14
IN ITS COMMERCIAL DIVISION
14:17:41 +0530
INTERIM APPLICATION (L) NO. 18639 OF 2022
IN
COMMERCIAL IP SUIT (L) NO. 18635 OF 2022
Actis Technologies Pvt.Ltd. - Applicant ... Applicant/
Plaintiff
Versus
Actics Technologies Pvt.Ltd. ... Defendant
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Adv. Datius Dalal, Adv. Monal Trivedi i/by M/s. Jehangir Gulabbhai and Bilimoria
and Daruwalla for Applicant/Plaintiff.
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Coram : Sharmila U. Deshmukh, J.
Date : August 12, 2025.
P. C. :
1. By order of 28th March, 2023 this Court granted ad-interim relief in terms of prayer clause (a) in respect of infringement of trade mark. Subsequently, the Leave Petition was allowed and by order of 13th February, 2025 the relief in respect of passing off was granted. Despite service none appears on behalf of the Defendants and there is no reply by the Defendants.
2. By order of 28th March, 2023, this Court had noted that the Defendants appear to be avoiding service and that the defence of the Defendant is apparent from the stand taken in the reply dated 10 th Shubham 1 of 2 ::: Uploaded on - 14/08/2025 ::: Downloaded on - 14/08/2025 21:24:00 ::: 45-IA(L)-18639-2022.doc February, 2022 to the cease and desist notice issued by the Plaintiff.
3. Upon prima facie comparison of the rival marks this Court held that there is phonetic and structural similarity between the two marks and granted ad-interim relief.
4. Subsequently, upon consideration of the material placed on record this Court came to prima faice finding that the Plaintiff has earned substantial goodwill and reputation and that there are sufficient pleadings to sustain an action for passing off and granted ad- interim relief. There is no reply which is filed by the Respondent to dispute the prima facie finding which have been arrived at by this Court by order of 28th March, 2023 read with 13th February, 2025. There is no reason as to why the ad-interim relief should not be confirmed as interim relief.
5. In light of the above, ad-interim granted earlier is confirmed as interim relief and Interim Application is allowed in terms of prayer clause (a), (b), (c) and (d).
[Sharmila U. Deshmukh, J.]
Shubham 2 of 2
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