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2022 Supreme(Bom) 1517

A. S. GADKARI
Chitali Bottling Limited – Appellant
Versus
Brihan Karan Sugar Syndicate – Respondent


Advocates appeared:
Dr. Abhinav D. Chandrachud, Advocate, Bernardo Reis, Advocate, Lalit Jhunjhunwala, Advocate, P.S. Patil, Advocate, Sanjeev Gorwadkar, Advocate, H.W. Kane, Advocate, Rohan Kadam, Advocate, Rahul Kadam, Advocate, A.H. Kane, Advocate, Apurva Gupte, Advocate, N. Sharma, Advocate, A. Bagwe, Advocate, Merin Mathew, Advocate, S. Vaze, Advocate

JUDGMENT

a.S. Gadkari, J. - appellant, Original Plaintiff, has preferred present appeal under Order 43 Rule 1 of the Code of Civil Procedure, 1908 (for short, `CPC') impugning the Order dated 25th February, 2020 passed by 19th Joint Civil Judge, Senior Division, Pune, below Exh-5 in Special Civil Suit No.95 of 2020, rejecting the said application filed under Order 39 Rule 1 and 2 of CPC by appellant for temporary injunction.

2 Heard Dr. abhinav Chandrachud, learned counsel for the appellant and Mr. Sanjiv Gorwadkar, learned senior counsel for Respondents. Perused entire record and Summary of Propositions filed by learned counsel for the respective parties.

3 appellant is the original Plaintiff in Special Civil Suit No. 95 of 2020 filed by it for declaration that, the appellant's company has the right to manufacture, supply and sale of the three country liquor products i.e. (i) Sakhu Santra Tango Premium (ii) Tango Punch and (iii) Tango Punch Santra; a decree of permanent injunction against Respondents thereby restraining them, either by themselves or through their agents, servants, assignees, attorneys or any other person acting on behalf of the Respondents from distributing, interfer

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