JUDGMENT

S.J. Kathawalla, J. - The above Notice of Motion is taken out by the Plaintif - Cargil India Private Limited under Order 39, Rule 2-A of the Code of Civil Procedure, 1908.

2. The facts which have led to the filing of the above Notice of Motion, are briefly set out hereunder :

2.1. The Plaintif is a wholly owned subsidiary of Cargil Inc., a US multinational corporation, and is doing business in India since 1987. The Plaintif was incorporated under the Companies Act, 1956 in the year 1996. The Plaintif is inter alia engaged in the business of manufacturing, trading, sale and supply of edible oils. The Defendant is a proprietary concern of one Aslam Noor Mohammad Siddiqui, and is engaged in the business of production and supply of edible oils.

2.2. On 15th March, 2017, the above Suit was filed by the Plaintif against the Defendant for copyright infringement and passing of. This action was instituted by the Plaintif on the grievance that the Defendant had committed passing of by adopting a deceptively similar trademark "GENUINE-Refined Sunflower Oil" vis- vis the Plaintif''s reputed "GEMINI-Refined Sunflower Oil". It is also the Plaintif''s case that the Defendant''s adoption o