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2007 Supreme(Bom) 1755

A.M.KHANWILKAR
Asian Paints Limited – Appellant
Versus
Home Solutions Retail (India) Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Iqbal Chagla, Naval Agarwal, Vinod Bhagat, Kiran Mehta and Atul Mahajan, instructed, G.S. Hegade and V.A. Bhagat, Adv.
For the Respondent: Ravi Kadam, General, Venkatesh Dhone and Utkarsh Tewari, instructed by y., Sunil and Co.

ORDER :

A.M. Khanwilkar, J.

This order will dispose of the prayer for ad-interim relief pressed on behalf of the plaintiff to operate during pendency of the Notice of Motion.

2. In substance, the plaintiff's case is that the plaintiff company is one of the oldest companies in India and is the pioneer and the market leader in the paint industry engaged, inter alia, in the business of manufacturing and marketing paints, lacquers, varnishes, wall and wood fillers (putties), undercoats for paint in the form of primers, preservatives used to prevent rust and deterioration of wood, thinners, distempers, dry colours, colouring matter, dyestuffs, mordants, natural resins, metal in foil and powder form for painters and decorators, brushes and the like goods since last more than five decades. It is the case of the plaintiff that with a view to provide quality services to its customers under one roof, in the year 2000 commenced offering services in the field of painting through its service providers which included providing consultancy in the field of painting of the house. Such services were introduced since September 2000. It is alleged that the defendant company is infringing the plaintiff's

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