JUDGMENT :

GS Patel, J.

1. The original Defendants in the Commercial Intellectual Property Suit have come in appeal against a without notice adinterim order dated 15th September 2022 by RI Chagla J. That order was passed on the application of the original Plaintiff, which is the Respondent to the Appeal.

2. By the impugned order, Chagla J granted a time-limited adinterim injunction and appointed a Court Receiver for a limited purpose. He also passed the necessary directions under Order 39 Rule 3 of the Code of Civil Procedure, 1908 (“CPC”). The order is operative only until 19th October 2022. Specific liberty is reserved to the Defendants to apply for a variation of the order with 72 hours prior written notice to the advocates for the Plaintiff.

3. The suit is a trademark infringement action combined with a cause of action in passing off. A Leave Petition under Clause 14 of the Letters Patent to combine the two causes of action is pending.

4. Mr Kirpekar for the Defendants in appeal says that the Plaintiff’s application could not have been granted without notice. He claims says that there is extensive suppression in the plaint, including, importantly, that the Defendant are registered p