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2022 Supreme(Bom) 592

S.J.KATHAWALLA
RPG Enterprises Limited – Appellant
Versus
Riju Ghoshal – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Hiren Kamod with Mr. Kunal Kanungo, Mr. Himanshu Deora, Mr. Prem Khullar I/by M/s. Cogito Legal.
For the Defendants :Mr. P. Mukherjee, Senior Advocate I/by Mr. S.R. Pandey.

JUDGMENT :

1. “Some men do as much begrudge others a good name, as they want one themselves: and perhaps that is the reason of it." — William Penn.

2. The present suit is filed by the Plaintiff against the Defendants claiming infringement of its registered trade marks; infringement of copyright and passing off. Vide order dated 26th February 2019, the Leave Petition taken out by the Plaintiff under Clause XIV of the Letters Patent, Bombay for combining the cause of action for passing off with the cause of action for infringement of trade mark and copyright, has already been allowed.

3. The matter was heard at length in the past, when Mr. Hiren Kamod, the Ld. Counsel for the Plaintiff and Mr. P. Mukherjee, Ld. Senior Advocate for the Defendant, made extensive submissions. The parties have also filed their respective Written Submissions. Since, because of the pandemic some time had lapsed, today the above Notice of Motion was once again kept for hearing. I have heard Mr. Kamod and Mr. Mukherjee in detail. They submit that their respective written submissions are exhaustive and inclu

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