Supreme Court - Daily Orders
Bhagaram Krupaji Ganchi vs Gujarat Tea Depot Company on 11 September, 2015
Bench: Jagdish Singh Khehar, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.7013-7014 OF 2015
(Arising out of SLP(C)Nos.25551-25552 of 2015)
BHAGARAM KRUPAJI GANCHI .......APPELLANT
VERSUS
GUJARAT TEA DEPOT COMPANY & ANR. ......RESPONDENTS
O R D E R
Leave granted.
Having heard learned counsel appearing on behalf of the rival parties, we are satisfied that the operative part of the impugned order needs to be modified inasmuch as the injunction granted by the High Court is to the following effect:
“Defendant is injuncted from the use of his own registered trade mark SHER BAKRI or any other unregistered trade mark till the final disposal of the suit.” We direct that the aforesaid direction be modified to read “The defendant is injuncted from the use of unregistered trade mark Sher Bakri.” Learned counsel appearing on behalf of respondent Nos.1 and 2 has conceded, that he has no objection to the appellant Signature Not Verified Digitally signed by selling the product which has already been despatched to the market Satish Kumar Yadav Date: 2015.09.14 16:33:41 IST Reason: with the unregistered trade mark `Sher Bakri'. The above limited liberty is granted to the appellant. 2 The appeals stand disposed of in the above terms.
..........................J. (JAGDISH SINGH KHEHAR) ..........................J. (R. BANUMATHI) NEW DELHI;
SEPTEMBER 11, 2015.
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ITEM NO.35 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).25551-25552/2015 (Arising out of impugned final judgment and order dated 04/08/2015 in AFO No.116/2015 with CA No.5273/2015 passed by the High Court of Gujarat at Ahmedabad) BHAGARAM KRUPAJI GANCHI Petitioner(s) VERSUS GUJARAT TEA DEPOT COMPANY & ANR. Respondent(s) (With appln.(s) for exemption from filing O.T. and interim relief) Date : 11/09/2015 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr.Sushil Kumar Jain, Sr.Adv.
Mr.Prakash Javeria, Adv. Mr.Puneet Jain, Adv.
Ms.Christi Jain, Adv.
Ms.Ankita Gupta, Adv.
Mr.Manu Maheshwari, Adv. Ms. Pratibha Jain, AOR(NP) For Respondent(s) Mr.Dushyant Dave, Sr.Adv.
Mr.Y.J.Trivedi, Adv.
Mr.Jatin Y.Trivedi, Adv. Mr.M.K.Choudhary, Adv. Mr.Tejas S.Trivedi, Adv. Mr.Ashutosh Kumar, Adv. Mrs.Namita Choudhary, Adv. Mr.Yudhister Bharadwaj, Adv. Mr.Himanshu Setia, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals stand disposed of in terms of the signed order.4
As a sequel to the above, the application for exemption from filing O.T. also stands disposed of.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)