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2018 Supreme(Bom) 743

M.S.SONAK
BRIHAN KARAN SUGAR SYNDICATE PVT. LTD – Appellant
Versus
KARMAVEER SHANKARRAO KALE SHAHAKARI SAKHAR KARKHANA LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Rahul Chitnis instructed by V. P. Raje and Dinesh Y. Mali, Adv.
For the Respondent: H. W. Kane with Vaibhav Joglekar instructed by K. C. Sant, Adv.

JUDGMENT :

This is an appeal against order dated 7th December, 2017, made by the learned trial Judge injuncting the appellants (original defendants) from using the artistic label “Military Santra” produced at Exh. 3/104 along with the plaint for selling country liquor, till the disposal of Copy Right Suit No. 4/2011.

2. In support of this appeal, Mr. Chitnis, learned counsel for appellants, without giving up any of the grounds raised in the appeal memo, has stressed upon the following two submissions :—

(i) That respondent (plaintiff) has made patently false statement in paragraph No. 67 of the plaint to the effect that plaintiff gained knowledge about the infringing label in the third week of February, 2011 and further, plaintiff’s representatives had not seen the infringing label and the plaintiff came to know about the infringing label only on receipt of affidavit dated 17-2-2011 filed by KAMIPL and Annexure F annexed thereto. Mr. Chitnis submits that it is crystal clear from the documents in RCS No. 3/2004 instituted by respondent-plaintiff against M/s Seven Star Distilleries, defendant, in the said suit, by way of reply to application for temporary injunction, which clearly inclu





























































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