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2021 Supreme(Bom) 514

K.R.SHRIRAM
Kamruddin I. Mehsaniya – Appellant
Versus
Sarah International – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Veerendra Tulzapurkar, SA, Rashmin Khandekar, Vinod Bhagat, Parveen Anand i/b. G.S. Hegde and V.A. Bhagat
For the Respondents: Dinesh Purandare, Amit Jamsandekar, Vighnesh Kamat, Hemang Engineer, Archita i/b Gordhandas and Fozdar

ORDER :

K.R. Shriram, J.

1. By an ex parte order dated 24 July 2020, this Court was pleased to grant ad interim relief in terms of prayer clauses - (a) and (c) which read as under:

    (a) pending the hearing and final disposal of the suit, the defendant by themselves, their proprietor/partners, servants, agents, stockists, distributors, dealers, assignees and all those connected with the defendant in their business be restrained by an Gauri Gaekwad order and injunction of this Hon'ble Court from marketing, distributing, packaging, importing, selling and/or using in any manner whatsoever in relation to their wet dates, dates or any other like goods, the impugned mark SARAH KIMIA/KIMIA or any mark identical with and/or deceptively similar to the plaintiff's trade mark KIMIA, so as to infringe upon the plaintiff's said trade mark registered under No. 2235461 in class 29;

(c) pending the hearing and final disposal of this suit, the Court Receiver, High Court, Bombay, or such other fit and proper person/s as this Hon'ble Court thinks fit, be appointed Receiver/s with all powers under Order XL Rule 1 and Order XXXIX Rule 7 of the Code of Civil Procedure, 1908, to attend and search the premises

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