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2015 Supreme(Del) 2767

MANMOHAN SINGH
Helamin Technology Holding SA – Appellant
Versus
Haribansh Rai – Respondent


Advocates:
Advocate Appeared:
Mr. Pravin Anand, Mr. Aditya Gupta, Mr. Vishnu Rege
Mr. Shanmuga Patro, Mr. Tarun Kumar, for D-1 to 6

JUDGMENT :

Manmohan Singh, J.

1. By way of this order, I propose to decide the following four pending applications:-

(a) I.A. No. 10720/2012 under Order XXXIX Rule 1 and 2 CPC filed by the plaintiffs;

(b) I.A. No. 19935/2014 under Order XXXIX Rule 4 CPC filed by the defendants for vacation of interim order;

(c) I.A. No. 15400/2012 under Order VII Rule 10 and 11 CPC filed on behalf of the defendants for rejection of plaint;

(d) I.A. No. 40/2013 under Order I Rule 10 CPC filed by the defendants.

2. The plaintiffs have filed the suit for permanent injunction restraining passing off, damages, rendition of accounts and delivery up against the defendants.

3. Brief facts of the case as per the plaint are that the plaintiff No. 1 is a limited Company incorporated under the laws of Switzerland and is the world leader in development, production and marketing of specific scale corrosion inhibitors used in water-steam and heating circuits/steam generators, warm and hot water networks, boilers, turbines, cooling systems etc. The plaintiff No. 1 began its commercial operations in 1986 when the trademark and the name ‘HELAMIN’ was first used in the course of trade.

4. Plaintiff No.2 is the wholly-owned su



































































































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