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Judgment
Manish Pitale, J
By order dated 07.04.2022, this Court had granted ex-parte ad-interim relief in terms of prayer clauses (a) and (c). Thereafter, the Court Receiver executed the commission. The papers were served on the defendant. Subsequently, amendment was moved for giving the new address pursuant to the commission being executed and the same was granted.
Learned counsel for the applicant has handed over an affidavit of service along with the documents, which is taken on record.
The Court Receiver has also submitted report upon execution of the commission, which is already on record bearing C.R.R.No.191 of 2022.
In view of the fact that the defendant has been served, learned counsel appearing for the plaintiff is pressing for grant of leave petition filed under Clause XIV of the Letters Patent Act.
Considering the fact that the defendant has been served, in the interest of justice, the leave petition is granted in terms of prayer clause (a), thereby permitting the plaintiff also to press the prayer pertaining to the action of passing-off.
Leave Petition stands disposed of.
In view of the leave petition being granted as above, learned counsel for the applicant is pressing for grant of ad-interim prayer clause (b) of the application, in the light of the pleadings in paragraphs 13 and 14 of the plaint.
This Court has perused the said pleadings, the contents of the entire plaint and also the documents filed therewith. The plaintiff has indeed made out a prima facie case for grant of the ad-interim relief pertaining to the tort of passing-off. Accordingly, ad-interim relief is granted additionally in terms of prayer clause (b) also, which reads as follows:
“(b) pending the hearing and final disposal of the suit, Defendant by themselves, their proprietor / partners, servants, agents, stockists, distributors, assignees and all those connected with the Defendant in their business be restrained by an order and temporary injunction of this Hon’ble Court from manufacturing, marketing, distributing, selling and / or using in any manner whatsoever in relation to their detergent powder and / or any other like goods used in the detergent industry, the impugned label mark of SADA washing powder depicted under the impugned trade dress or any label mark and trade dress which is identical with and / or is deceptively similar to the Plaintiff’s distinctive and prior used label marks and trade dress of its WHEEL labels, so as to pass off their goods and business as and for the goods and business of the Plaintiff or in some way connected or associated therewith;”
Considering the fact that the defendant has been served but failed to appear before this Court till date, it would be appropriate that the application be kept for disposal and till such time, the ad-interim reliefs are continued.
Accordingly, list the application on 07.12.2022 for further consideration / disposal.
Ad-interim reliefs shall continue to operate until further orders.