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2003 Supreme(Bom) 519

S.A.BOBDE
Court Receiver, High Court, Bombay – Appellant
Versus
R. R. Ommerbhoy Pvt. Ltd. & others – Respondent


Judgment

BOBDE S.A., J.:---This Notice of Motion has been taken out by the plaintiff for an injunction restraining the defendant Nos. 1 and 8 to 11 from infringing the registered trade mark "Mastaan" by the use of the trade mark "Mastman" and for an injunction restraining the defendants from manufacturing and selling edible oil under the trade mark "Mastman" so as to pass off their goods as edible oil being sold under the trade mark "Mastaan". The registered proprietor of the trade mark "Mastaan" is M/s. Ahmed Oomerbhoy, a partnership firm under dissolution. The plaintiffs also seeks an injunction restraining the defendants from infringing the registered trade mark "Postman" of the partnership firm, M/s. Ahmed Oomerbhoy (hereinafter referred to as the "partnership firm") by the use of the trade mark “Postiano” and for an injunction restraining the defendants from manufacturing and selling edible oil under the trade mark "Postiano" so as to pass off their goods as the edible oil being sold under the trade mark "Postman".

2. The suit is instituted by the Court Receiver who has been appointed as Receiver of the assets of the partnership firm in Suit No. 4913 of 2000 filed by the defenda



















































































































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