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Showing contexts for: no interim injunction in Whatman International Limited vs P Mehta & Ors. on 1 February, 2019Matching Fragments
3. The present suit has been filed by the Plaintiff against various Defendants. The exact connection between the various Defendants would be discussed herein below.
4. The broad grievance of the Plaintiff is that the Defendants are manufacturing and selling Whatman filter paper and are also using an identical colour combination for other filter papers sold by them under various trademarks including „HIRAL‟, „ACHME‟, „LABSMAN‟, „U- CHEM‟ and „SUN‟.
5. It is the stand of the Plaintiff that the Defendants are habitual infringers, and have a long history of manufacturing and selling counterfeit Whatman filter paper, beginning from 1992, and thereafter in 2005. The Defendants, despite giving undertakings, continued to sell the infringing goods, leading to the Plaintiff filing the present suit. In the present suit, an interim injunction was granted on 23rd May, 2014 and Local Commissioners were appointed to visit the premises of the Defendants in Mumbai, where seizures of infringing products were made. Despite seizures being effected and the interim injunction operating against them, the Defendants continued to sell infringing products. The Plaintiff thereafter filed an FIR No.08/2018 pursuant to which, again, seizures were conducted by the Mumbai police. The Plaintiff, thus, seeks a permanent injunction and damages.
I.A. 5235/2018 - under Order 39 Rule 2A CPC
20. The Plaintiff then moved an application under Order XXXIX Rule 2A CPC being I.A. No.5235/2018. The allegation in this application was that the Plaintiff received information that the Defendants were violating the interim injunction order granted by this Court on 23rd May, 2014. Accordingly, the Plaintiff lodged FIR No.08/2018 and two premises i.e. Sanghvi Scientific Corporation located at 113, Link Street Gulal Wadi, Paidhuni (W), Mumbai and Shri Maruti Chem Enterprise Private Limited located at B-1, Om Shiv Kripa Building, Opposite Lakshmi Narayan Temple, Mathuradas Road, Kandivali West, Mumbai were raided by the police. The police effected a seizure at the following addresses: -
22. Again, FIR No. II 33/2005 was lodged on 30th December, 2005 against Defendant No. 4 Mr. Jatin Parekh. Thereafter, FIR No. II 06 was lodged against Defendant No. 5 Mr. Rajesh Patel, wherein it was noted that a raid was conducted by the police and Whatman filter papers were seized. Despite these two criminal proceedings filed against the Defendants, they continued their infringing activities, because of which the present suit was filed. Despite the interim injunction order that was passed, the Defendants violated the injunction, as is evident from the seizures made by the police pursuant to lodging of FIR No.08/2018. Accordingly, the Plaintiff prays that strict action be taken against the Defendants. Along with the application, a copy of the FIR has also been attached. The list of confiscated goods along with the photographs thereof is also attached.
65. Even in 2018, Defendant No.3, Mr. Mohit Mehta and Defendant No.7, M/s. Shri Maruti Chem Enterprise Ltd. had WHATMAN filter paper when the police searched the premises. There is no doubt whatsoever that throughout the period despite giving undertakings, and despite the interim injunction, the Defendants have jointly carried out business of counterfeit Whatman filter paper and lookalike filter paper. They are guilty of infringement and passing off. They are also liable for making false statements before Court, which results in impedement of the administration of justice. The violation of the orders of the Court and non-adherence to repeated undertakings given constitutes wilful disobedience. First, the Defendants ought not to have manufactured/sold counterfeit WHATMAN filter paper. They also were clearly in the know when they started using similar get-up, colour combination and layout/arrangement for filter paper under their own marks, which were identical/similar to the WHATMAN filter paper. These are deliberate and conscious acts of the Defendants to pass off and earn monetary gain. The initial FIR in 1993 ought to have been sufficient to dissuade the Defendant Nos.1 to 5 and 7 from using the WHATMAN mark and/or selling filter paper in an identical colour combination or get up. The said FIR obviously did not have its effect despite the complaint being closed after undertakings given by Mr. Bharat Patel, Mr. Jatin Parekh and Mrs. Jagruti P. Mehta. Mr. Paresh Mehta, through his wife and son started a new firm by the name M/s. Shri Maruti Chem Enterprise Pvt. Ltd. for doing business of identical/pass off filter papers. In 2018, when the FIR was registered, Mr. Mohit Mehta was even arrested. The modus operandi is clearly to hoodwink the authorities and overreach the Court process. Any compassion shown to such persons would clearly send the wrong message.