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2015 Supreme(Del) 1704

MANMOHAN SINGH
OZONE SPA PRIVATE LIMITED – Appellant
Versus
PURE FITNESS – Respondent


Advocates:
Advocate Appeared:
Dr. Abhishek Manu Singhvi, Sr. Adv., Mr. Rajiv Nayar, Sr. Adv., Ms. Prathiba M. Singh, Sr. Adv. with Mr. Chander M. Lall, Ms. Archana Sahadeva, Mr. Ashutosh Kumar & Ms. Rukma George, Advs.
Mr. Dushyant Dave, Sr. Adv. with Mr. Manav Gupta & Ms. Prabhsahey Kaur, Advs. for D-1 & 2

JUDGMENT :

MANMOHAN SINGH, J.

I.A. Nos.12565/2015 (u/o XXXIX R.1 & 2 CPC, by plaintiff) and R.P. No.318/2015 (to be treated as u/o XXXIX R.4 CPC as per order dated 3rd July, 2015, by defendants)


1. The plaintiff has filed the suit for permanent injunction restraining breach of contract, breach of confidentiality/trade secrets, infringement of trademarks, get-up, layout, arrangement, trade dress of Ozone Fitness Centre, Salon and Spa, unfair competition as well as for damages/rendition of accounts of profit against the defendants.

2. The suit and the interim application being I.A. No.12565/2015 were listed before the Vacation Court on 24th June, 2015.

3. By order dated 24th June, 2015, the Court issued the summons in the suit and notice in the interim application as well as granted an ex parte ad-interim injunction. The operative part of the said order is read as under:-

".....Accordingly, till the next date of hearing, defendant Nos.1 and 2, their partners, family members or through anyone acting for and on their behalf are restrained from establishing, running or setting up any com






























































































































































































































































































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