Bombay High Court
Sanjay Soya Private Limited vs Shree Samarth Oil Refinery Llp And 5 Ors on 2 November, 2020
Author: K.R.Shriram
Bench: K.R.Shriram
Kiran G.
Jahagirdar 1/2 37.IAL3605.20.doc
Digitally signed
by Kiran G. IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Jahagirdar
Date: 2020.11.04 ORDINARY ORIGINAL CIVIL JURISDICTION
16:58:13 +0530
INTERIM APPLICATION (L) NO.3605 OF 2020
IN
LEAVE PETITION (L) NO.3606 OF 2020
IN
COMIP 3602 OF 2020
Sanjay Soya Private Limited )....Plaintiff
V/s.
Shree Samarth Oil Refinery LLP & Ors. )....Defendants
----
Ms.Janhvi Chadha a/w Mr.Minesh Andharia and Mr.Jay Shah i/by Krishna & Saurastri Associates LLP for plaintiff. None for defendants.
Mr.S.C.Dond-Section officer-representative of Court Receiver present.
----
CORAM : K.R.SHRIRAM,J DATE : 2.11.2020 P.C. :-
1. Court Receiver's Report No.178 of 2020 is taken on record.
Defendants have been served on 21.10.2020. Plaintiff has also filed affidavit of service. Nobody from defendant is present though served.
2. Therefore, leave under clause-XIV of Letters Patent is granted. Petition stands disposed.
KJ
2/2 37.IAL3605.20.doc
3. In view of the above, prayer clause clause-(d) of the Interim Application is also granted and the same reads as under :-
(d) that pending the hearing and final disposal of the suit the Defendants by themselves, and/or their partners and/or servants and/or agents and/or officers and/or dealers and/or any other person claiming through and/or under such Defendants, be restrained by an order and injunction of this Hon'ble Court from passing off and/or enabling others to pass off their impugned goods and/or business and/or commercial activities as and for that of the Plaintiff and/or their marks by the use of the impugned mark/trade dress set out at Exhibit N to the Plaint and/or any other mark and/or label and/or trade dress and/or packaging identical with and/or deceptively and/or confusingly similar to, in any manner whatsoever, the Plaintiff's marks SS Sanjay Supreme and set out at Exhibits C and D to the Plaint;
4. Interim application accordingly disposed.
(K.R.SHRIRAM,J) KJ