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2016 Supreme(Bom) 119

T.V.NALAWADE
Swami Samarth Agencies – Appellant
Versus
Mauli Chemicals Industries A Registered Partnership Firm – Respondent


Advocates:
Advocate Appeared:
Shri. R.R. Mantri, Advocate, holding for Shri. Pawan K. Lakhotiya, Advocate, for appellants.
Shri. A.P. Bhandari, Advocate, for respondent.

JUDGMENT :

1) Appeal is admitted. Notice after admission, made returnable forthwith. By consent, heard for final disposal.

2) The appeal is filed against the order made on Exhibit 5 by District Judge-1 Newasa, District Ahmednagar in Trade Mark Suit No.1/2015. In the suit filed by the present respondent, Chemical Industry, against the appellants, order of temporary injunction of following nature is made:-

"The defendants are hereby restrained, by themselves or through their servants, agents or through anybody else on their behalf, from using the trade mark "JAL DROP" or any other trade mark identical or deceptively similar to the plaintiff's registered trade mark "JEEVAN DROP" till final decision of the suit." Initially ex-parte order of temporary injunction was made and it is confirmed on merits, after hearing both sides.

3) The suit is filed by present respondent under section 134(2) of the Trade Marks Act 1999 (hereinafter referred to as "the Act"). The plaintiff is a manufacturer of chemical substance, Sodium Hypochlorite Solution. This substance can be used as drinking water disinfectant. It is the case of the plaintiff that it is in the business of manufacturing and marketing of t





















































































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