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Gujarat High Court

Amultek Software Solutions Pvt Ltd vs Kaira District Co-Operative Milk on 10 December, 2014

Author: Paresh Upadhyay

Bench: Paresh Upadhyay

        C/CA/11809/2014                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 11809 of
                                 2014

                                  In
                 CIVIL APPLICATION NO. 10752 of 2012
                                   In
                 APPEAL FROM ORDER NO. 374 of 2012

================================================================
           AMULTEK SOFTWARE SOLUTIONS PVT LTD
           AND ANR.                           ...Applicants
                             Versus
           KAIRA DISTRICT CO-OPERATIVE MILK
           PRODUCERS UNION LTD & ANR.         ...Respondents
================================================================
Appearance:
MR. UNMESH SHUKLA, ADVOCATE FOR
MR MANAV A MEHTA, ADVOCATE for the Applicants

NANAVATI ASSOCIATES, ADVOCATE for the Respondents
================================================================

       CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY

                          Date : 10/12/2014


                            ORAL ORDER

1. Heard learned advocates for the respective parties.

2. Challenge in the main Appeal from Order is made to the order dated 31.08.2012 passed by the 7 th Additional District Judge, Ahmedabad (Rural) at Mirzapur below Exh.5 in Civil Suit No.10 of 2012.

3. During the pendency of the proceedings before this Court, the original defendant No.1 has filed this Civil Application No.11809 of 2014 wherein the following Pursis is given.

" The applicants submit as under :

1. During the pendency and final disposal of the Appeal from Order No. 374/2012, this Hon.Court has been pleased to pass an order the effect of which is to prevent the applicants from using the name 'Amultek'. Since the applicants have claimed that the applicants have right to use the name 'Amultek' and that such user does not infringe or pass off the trademark of the respondents, this issue is required to be finally decided in Appeal from Order No.374/2012.

2. Without prejudice to the aforesaid contention of the applicants and without abandoning or relinquishing their right to use the name 'Amultek', the applicants have decided, on a temporary basis, to change its name to Atek Software Solutions Pvt Ltd. Such change is without prejudice to the rights and contentions of the applicants and the same may not be construed as an admission by the applicants. Moreover, the applicants shall not use the letter 'A' in a manner identical or deceptively similar to the fonts used by the respondents.

3. In view of the aforesaid, Civil application No.11809/2014 and Civil application No.10752/2012 may be heard along with the final hearing of Appeal from Order No.374/2012."

4. Having heard learned advocates for the parties, this Civil Application i.e. No.11809 of 2014 is allowed in terms of the above Pursis.

5. The main appeal with cognate matters be listed for hearing on 22.12.2014. Interim relief granted earlier in Civil Application No. 10752 of 2012 to continue till then.

(PARESH UPADHYAY, J.) Amit/15 Page 3 of 3