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1997 Supreme(Bom) 92

K.K.BAAM
BALSARA HYGIENE PRODUCTS LTD. – Appellant
Versus
AKSAAR ENTERPRISES – Respondent


Advocates appeared:
Sh. Ravi Kadam & Sh. S.V. Rajeshwar, Advocate, for the Plaintiffs.
Sh. Virajit Tulzapurakar i/b Gajaria & Co., for the Respondents.

JUDGMENT

Smt. K.K. Baam, J. - Leave under Rules 147 and 148 of the High Court of Judicature at Bombay (O.S.) Rules, 1980 granted to the plaintiffs to take out notice of motion in terms of the draft notice of motion handed in. Motion returnable after four weeks. Shri Tulzapurkar waives service on behalf of the defendants.

2. The plaintiffs have filed this suit seeking an order of injunction restraining the defendants by themselves, their servants, agents, representatives, distributors, etc., from infringing the plaintiffs' registered trade mark "ODONIL" by manufacturing or marketing or offering for sale or advertising or displaying, directly or indirectly, or dealing in preparations, for purification of air and preparations for repelling inseets (dcodbrizers) or any other goods of the same description by adopting a word identical with and/or deceptively similar to the plaintiffs registered trade mark "ODONIL", in the suit as filed, the plaintiffs have also sought an order and injunction, damages for infringement and other Consequential 'reliefs'.

3. In support of the notice of motion taken out by the plaintiffs, it is the case of the plaintiffs that the defendants are manufacturing






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