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2013 Supreme(Bom) 1880

ANOOP V.MOHTA
Shobha Omprakash Agarwal – Appellant
Versus
Maganlal – Respondent


Advocates Appeared:
For the Appellants:Amit Jamsandekar a/w Ms. Deepa R. Hate i/by Gajria & Co., Advocates.
For the Respondent:Himanshu Kane a/w Hiren Kamod i/by W.S. Kane & Co., Advocates.

Oral Judgment:

Rule made returnable forthwith. Heard finally, by consent of the learned Counsel appearing for the parties.

2. The Appellants-original Defendants have challenged order dated 10 March 2011 passed by the Principal District Judge, Pune. The operative portion of the order reads as under:

“(1) The application is allowed with costs.

(2) The non-applicants/defendants, their agents, servants and relatives are restrained from infringing the trade mark by selling the Chikki and other products at their shops by using the trade mark “Maganlal” and advertise the material.

(3) The non-applicants/defendants, their servants, and relatives are directed to remove all the material, as detailed supra, during the pendency of the present suit.

(4) The non-applicants/defendants are directed to destroy all the wrappers, cartons, advertisements and material.

(5) The present order shall come into effect after a period of three weeks from the date of passing of the said order.

(6) Application to grant of certified copy filed if any by the non-applicants be expedited.”

The case.

3. The relevant background as per the Appellants for the purpose of deciding the present Appeal From Order is necessa

































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