JUDGMENT :

B.P. COLABAWALLA, J.

1. The present Interim Application is filed by the Defendant seeking the following reliefs:

“(a) (i) this Hon’ble Court be pleased to dismiss the Plaintiff’s claim for copyright infringement under Order XIII-A of the Civil Procedure Code, 1908, as applicable to Commercial Suits.

(ii) this Hon’ble Court be pleased to dismiss the Plaintiff’s claim for passing off under Order XIII-A of the Civil Procedure Code, 1908, as applicable to Commercial Suits.

(b) In the alternative to the above prayer clause (a), this Hon’ble Court be pleased to direct the Plaintiff to deposit sufficient monies in this Hon’ble Court to cover the costs and expenses of the Defendant in defending the suit, or give adequate security for restitution of costs and expenses under the provisions of Order XIII A of the Civil Procedure Code as applicable to Commercial Courts.”

2. To put it in a nutshell, what the Defendant seeks is a judgment of dismissal of the above Suit under the provisions of Order XIII-A of the Code of Civil Procedure, 1908 (for short “the CPC”) and, in the alternative, a direction to the Plaintiff to deposit sufficient monies in this Court to cover the costs and expenses of the Defendant in defending the captioned Suit.

3. The application is filed for dismissal on the ground that based on the documents relied upon by the Plaintiff herself [JANVI SHAH (for short “JANVI”) and who is the sole proprietor of JAYANT INDUSTRIES], she has no real prospect of succeeding on either claim made in the Suit and there is no compelling reason justifying the non-disposal of the claims of the Plaintiff before the recording of oral evidence. In other words, it is the case of the Defendant that the claim made in the present suit does not have any real prospect of succeeding. It is a highly fanciful claim and has been made only to harass the Defendant. Though the suit is instituted in the name of the sole proprietary concern of JANVI i.e. JAYANT INDUSTRIES, I shall refer to the Plaintiff as JANVI. Similarly, any reference to the Plaintiff in this judgment shall mean JANVI.

4. On perusing the prayers in the Plaint, the reliefs sought, are for perpetual injunctions restraining the Defendant from in any manner using in relation to cigarettes or any other product/s, the impugned trademark, or any other trademark identical with and/or deceptively similar to the Plaintiff’s trademark and copyright “CLASSIC” so as to infringe the Plaintiff’s registered copyright as well as an action in passing off.

5. Apart from the perpetual injunctions, JANVI has also sought a money decree in the sum of Rs. 2,100 crores by way of damages and/or royalty, or in the alternative, the Defendant render true and faithful accounts in this Court of all the profits earned by the Defendant by using the impugned trademark and copyright “CLASSIC” and to pay such amount as this Court deems fit, together with interest @ 12% per annum till payment and/or realization.

6. JANVI has come to Court with a case that JAYANT INDUSTRIES was initially established as a partnership firm between Mrs. Damayanti Kantilal Shah (grandmother of JANVI) and her husband Mr. Kantilal G. Shah (grandfather of JANVI). Mrs. Damayanti Shah continued to act as a partner of the said firm till her retirement in the year 1982 and upon retirement gave her stake to Mr. Jayant Kantilal Shah, who is the father of JANVI and also her constituted attorney. The other original partner, Mr. Kantilal G. Shah, during his lifetime, gave his entire stake in JAYANT INDUSTRIES directly to JANVI in the year 2007. It is, therefore, stated that JANVI’s concern is thus in business for the last several generations spread over decades since 1968 and have continuously expanded and grown its business in and outside India. It is thereafter stated that JANVI is the owner of the copyright in the artistic work “CLASSIC” written in a characteristic style, of which the word “CLASSIC” forms an essential and prominent part. JANVI has applie