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 of its deceptively similar trade dress, infringed its copyrights in its "GEMINI-Refined Sunflower Oil" product packaging. The pictorial comparison of both the products is reproduced below :

2.3. Pursuant to the filing of the above Suit, the Plaintif filed Notice of Motion No.968 of 2017 for interim reliefs.

2.4. By an Order dated 23rd March, 2017, this Court granted ex-parte ad-interim reliefs in terms of prayer Clauses (a) to (c) of Notice of Motion No. 968 of 2017, which prayers are reproduced hereunder :

"(a) pending the disposal of the Suit, restrain the Defendant, its proprietors or partners, as the case may be, its officers, servants, agents, distributors, stockists and representatives from infringing the Plaintif''s copyright in its various artwork used as its packaging and trade dress and as contained in Exhibit E.

(b) pending the disposal of the Suit, restrain the Defendant, its partners or proprietors, as the case may be, its officers, servants, agents, distributors stockists and representatives from using, manufacturing, selling and/or ofering for sale, advertising, exporting, importing, directly or indirectly in any manner dealing in edible oils and other goods and/or services under their "GENUINE" mark / label or using such packaging / artwork / label / trade dress in any other manner whatsoever that is identical or deceptively similar to that of the Plaintif and thereby passing of its goods and services as that of the Plaintif.

(c) pending the disposal of this suit appoint the Court Receiver, High Court, Bombay as Court Commissioner(s) to visit the premises of the Defendant and to search the premises of the Defendant for impugned packaging and other material used by the Defendant in respect of its products that are identical or deceptively similar to the Plaintif''s mark / label / trade dress or packaging and to seize and take possession of the same.

9. The Court Receiver, at this stage, is to make an inventory of the infringing goods with the ofending mark, packets and labels bearing the ofending packaging / trade dress and seal them in the premises of the Defendant (which includes any person claiming by, through or under it). For this purpose, the Court Receiver will be at liberty to the assistance of the Local Police Authorities, who will act on production of an authenticated copy of this order."

2.5. On 24th March, 2017, this Court directed the Court Receiver to carry out a search, take an inventory and seal of the impugned products / packaging material found at the Defendant''s other premises at Thane.

2.6. The Receiver thereafter carried out a search of the Defendant''s premises at Thane on 6th April, 2017. On that day and as documented in his Report, the Receiver found the following quantities of the impugned packaging and product