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2017 Supreme(Bom) 1256

A.S.OKA, ANUJA PRABHUDESSAI
Harman Overseas, a Partnership Firm – Appellant
Versus
Dongguan TR Bearing Company Limited – Respondent


Advocate Appeared:
For the Appellants :Dr. Birendra Saraf along with Himanshu Kane, Pooja Kshirsagar, Nikhil Sharma i/b M/s. W.S. Kane & Co., Venkatesh Dhond, Senior Counsel along with Rashmin Khandkar, Aadesh Nargolkar, Shailendra Bhandare, Vaibhav Keni i/b M/s. Khaitan & Co., Ravi Kadam, Senior Counsel along with Venkatesh Dhond, Senior Counsel with Rashmin Khandkar, Rohan Kadam, Bijal Trivedi i/b Bhagwati Trivedi, Advocates
For the Respondents:Dr. Veerendra Tulzapurkar, Senior Counsel along with Amit Jamsandekar, Alka Parelkar, Esha Trivedi i/b M/s. V.A. Associates, Mahesh Mahadgut along with Hiren Kamod, Poonam Teddu i/b Mahesh Mahadgut, Dr. Veerendra Tulzapurkar, Senior Counsel along with Amit Jamsandekar, Alka Parelkar, Esha Trivedi i/b M/s. V.A. Associates, Advocates

JUDGMENT :

A.S. Oka, J.

1. Appeal No.340 of 2015 has been preferred by the Defendants in Suit No.674 of 2014 for challenging the order dated 27th April 2015 granting leave under Clause XIV of the Letters Patent.

2. Appeal No.95 of 2015 has been preferred by the first Defendant for challenging the order dated 14th January 2015 granting leave under Clause XIV of the Letters Patent in Suit (L) NO.1067 of 2014.

3. Appeal No.387 of 2015 has been preferred by the Defendant in Suit No.42 of 2014 by which the order dated 29th January 2015 passed by the learned Single Judge is impugned. By the said order, leave under Clause XIV of the Letters Patent was granted.

FACTS OF APPEAL NO.340 OF 2015

4. A brief reference to the facts of the case will be necessary. For the sake of convenience, we are referring to the parties to the Appeals according to their status before the learned Single Judge. In Appeal No.340 of 2015, by the Judgment and Order impugned, the learned Single Judge has permitted joinder of cause of action of passing off of the trade mark with the cause of action for infringement of a registered trade mark. The cause of action of passing off of the trade mark has arisen outside the limits







































































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