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2023 Supreme(Bom) 2279

PRITHVIRAJ K. CHAVAN
1rm Fitness Equipment – Appellant
Versus
Priyanka Baru – Respondent


Advocates appeared:
Nikhil Dongre, Advocate, Dinkar Kudale, Advocate, Aditya Soni, Advocate, Rama Somani, Advocate, Chetan Alai, Advocate

JUDGMENT/ORDER

1. This appeal challenges an order of rejection of plaint passed under Order-7, Rule-11 of the Code of Civil Procedure, 1908 (for short "C.P.C") dtd. 27/9/2022 mainly on the ground that the plaint does not disclose cause of action.

2. Few facts germane for disposal of this appeal are summarized as below.

3. Appellants have filed a suit against respondent for alleged infringement of trademark, passing off, delivery, rendition of accounts etc. On 18/9/2021, respondent moved an application under Order-VII, Rule-11 of the C.P.C for rejection of the plaint on various grounds. However, respondent emphasized on the aspect of non disclosure of cause of action in the plaint.

4. In paragraph 12 of the plaint, appellants have averred that the respondent has developed a portal "www.1rm.in" by contending that the respondent is also trying to use the generic term "1RM" on the "www.1rm.in" website. The appellants have sought relief in the light of the business conducted through the aforesaid website. According to the respondent, she has not developed the said portal viz "www.1rm.in" and the said domain is registered in the name of Yash Sharma who is also a Proprietor of "1RM" busine

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