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2024 Supreme(Bom) 911

R. I. CHAGLA
Pidilite Industries Ltd. – Appellant
Versus
Premier Stationery Industries Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Hiren Kamod, Nishad Nadkarni, Aasif Navodia, Khushboo Jhunjhunwala, Jaanvi Chopra and Rakshita Singh i/b. Khaitan and Co.
For the Respondents: Aseem Naphade, Pooja Yadav, Sonali Bhosale, J.V. Bhosale and Akshay Dunde.

ORDER :

(R.I. Chagla J.) :

1. The present Contempt Petition has been filed by the Petitioner against Respondent Nos. 1 and 2 (original Defendants in Commercial Suit No. 520 of 2017) as well as Respondent Nos. 3 and 4, for wilful and deliberate disregard, disobedience, disrespect, non- compliance and violation of the order dated 13 July 2017 passed in the above matter by this Hon’ble Court in the above Suit (“Final Order”) in terms of consent terms dated 13 July 2017 (“Consent Terms”) and undertakings contained therein (which were accepted as undertakings to the Hon’ble Court). The Petitioner claims that the Respondents, in blatant breach of the Final Order and Consent Terms, are using the impugned label/trade dress including impugned bottles and glue pens (as set out at Exhibit D-1, page 295 of the Petition), that continue to be in violation of the rights of the Petitioner including its rights in the FEVICOL MR Artistic Work, Distinctive FEVICOL MR Bottle and the FEVICOL MR Glue Pens, as more particularly set out in the Contempt Petition.

2. The Petitioner claims to be a world-renowned company in the field of adhesives and sealants, construction and paint chemicals, automotive chemic

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