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2010 Supreme(Bom) 476

J.N.PATEL, A.P.BHANGALE
Shelke Bevarages Pvt. Ltd. – Appellant
Versus
Rasiklal Manikchand Dhariwal – Respondent


Advocates appeared:
Mr. G.S. Godbole i/b Mr. A.B. Tajane, for the Appellants.
Mr. Virag Tulzapurkar, Sr. Adv. i/b Asia Patent & Law, for the Respondents.

Judgment

A. P. BHANGALE, J.:- This appeal arises from the order dated 19.11.2009 whereby the Notice of Motion No.3709 of 2009 in Suit No.2516 of 2009 has been made absolute in terms of prayer clauses (a) to (c). The facts of the case, in brief, are thus:

2. The plaintiffs (respondents herein) claimed that plaintiff No.1 - Mr. Rasiklal Manikchand Dhariwal, in or about the year 2001 invented a method of producing Oxygen Enriched Packaged Drinking Water and an Apparatus used therefor. The said invention was fully secured by Indian Patent under the Indian Patents Act 1970. Patent No.204086 was granted under the Patent Certificate dated 26.12.2006 to Shri. Rasiklal Manikchand Dhariwal, pursuant to his application bearing No.254/MUM/2002 dated 15.03.2002. According to plaintiff No.1, in the year 2002 he started processing, marketing and dealing in innovative "Oxygen Enriched Healthy Packaged Drinking Water" of a Unique Purity and Utility. The plairitiff No.1 adopted distinctive mark "OXYRICH" which was registered as a Trade Mark under the Certificate dated 01.09.2005 under the Trade Marks Act, 1999 in respect of mineral, aerated and packaged drinking water and other non-alcoholic drinks,














































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