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2016 Supreme(Bom) 1069

A.S.OKA, C.V.BHADANG
Neel Electro Techniques – Appellant
Versus
Neelkanth Power Solutions – Respondent


Advocates Appeared:
For the Appellants : Dr. Virendra Tulzapurkar, Senior Counsel, Kanga & Co.
For the Respondents:Mr. Ravi Kadam, Senior Counsel, Dr. Birendra Saraf, B.B. Parekh, Mahesh Shah, Advocates.

JUDGMENT :

A.S. Oka, J.

1. As per the order passed by the Hon'ble the Acting Chief Justice, this Appeal has been specially assigned to the Division Bench presided over by one of us (A.S. Oka, J.). By this appeal, the appellants who are the original appellants have taken an exception to the Judgment and Order dated 24th June 2014 passed by the learned Single Judge on the Notice of Motion No. 54 of 2012 in a suit No. 55 of 2012.

2. The appellants filed a suit No. 55 of 2012 before the learned Single Judge for injunction restraining the respondents from in any manner directly or indirectly using the mark “Neel” or “Neelkanth” (Exhibits A and S respectively to the plaint) and its domain name www.neelpower.com or any mark, device, logo, lable etc. which is similar and/or deceptively similar to the registered mark of the appellant bearing registration No. 1075665. Various other reliefs were claimed including the relief of damages. Temporary injunction was claimed by filing the aforesaid Notice of Motion seeking relief of temporary injunction in terms of the final relief.

3. The first appellant M/s. Neel Electro Techniques is a partnership firm duly registered under the Indian Partnership Act





































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