Bombay High Court
Parle Agro Private Limited vs (Baf) Balaji Agro Foods And 4 Ors on 14 October, 2021
Author: G.S. Patel
Bench: G.S. Patel
P10-IAL-19393-2021 IN COMIPL-19385-2021.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 19393 OF 2021
IN
COMMERCIAL IP SUIT (L) NO. 19385 OF 2021
Parle Agro Pvt Ltd ...Applicants/
Plaintiffs
Versus
(BAF) Balaji Agro Foods Pvt Ltd & Ors ...Defendants
Mr Hiren Kamod,with Amritha Vyas, i/b Gajria & Co, for the
Plaintiff.
CORAM: G.S. PATEL, J
DATED: 14th October 2021
PC:-
1.Mentioned. Not on board. Taken on board. ASHWINI HULGOJI GAJAKOSH Digitally signed
2. Mr Kamod on instructions states that even while the Court by ASHWINI HULGOJI GAJAKOSH Date: Receiver is executing the order at this very moment it is found that 2021.10.14 16:55:53 +0530 Defendant has a vast quantity of bottles that are in direct infringement of the Plaintiffs registered shape of the bottle. My injunction of 27th September 2021 specifically injuncted the Page 1 of 2 14th October 2021 P10-IAL-19393-2021 IN COMIPL-19385-2021.DOC Defendants from using any bottle that is deceptively or confusingly similar to the Plaintiffs registered shape.
3. Mr Kamod tenders a submission. The submission is taken on record and marked "X" for identification with today's date.
4. The injunction against the Defendants continues and is in effect even now. The Court Receiver is directed to immediately seize and seal all bottles with the impugned shape. The Court Receiver will act on receipt of a copy of this order transmitted by email or whatsapp. The Police authorities are required to co- operate. The Defendants Gagan Mittal and Magan Mittal are put to notice that any interference with the work of Court Receiver will constitute contempt of Court. The Police Authorities, namely the Station House Officer, Vinod Kumar Yadav, Sikandra Police Station, Agra is required to act on production of a soft copy of this order.
5. A soft copy of the photograph tendered by Mr Kamod will be uploaded as the second order in the matter.
6. All previous orders to continue.
7. List the matter on 20th October 2021 for compliance.
8. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 2 of 2 14th October 2021