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2016 Supreme(Del) 2187

BADAR DURREZ AHMED, VIBHU BAKHRU
BCH Electric Limited – Appellant
Versus
Eaton Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Sibal, Senior Advocate with Mr. C.A. Brijesh, Ms V. Mohini, Mr. Peeyoosh Kalra and Ms Shreyosi Pal
For the Respondents:Mr. Sudhir Chandra, Senior Advocate with Ms Navneet Moni, Mr. Shreyes Rastogi and Ms Shraddha Deb

JUDGMENT :

Vibhu Bakhru, J.

1. The appellant, BCH Electric Limited (hereafter 'BEL'), has filed the present appeals impugning a common order dated 01.07.2013 (hereafter 'the impugned order') passed by a Single Judge of this Court in I.A. No. 1204/2012 in CS(OS) 156/2012 captioned "Eaton Corporation & Anr. v. BCH Electric Limited" and I.A. No. 4318/2012 in CS(OS) 575/2012 captioned "BCH Electric Limited v. Eaton Corporation & Anr.". Both the said applications were filed under Order XXXIX Rule 1 & 2 of Code of Civil Procedure, 1908 seeking interim injunctions in relation to certain trademarks. CS(OS) No.156/2012, accompanied by the interim application I.A. No. 1204/2012, was filed on 18.01.2012 by Eaton Corporation and its Indian subsidiary Eaton Power Quality Pvt. Ltd. (Respondent nos.1 & 2 herein), inter alia, praying as under:-

"That a decree of permanent injunction restraining the defendant, their servants, agents, distributors, dealers, associates, representatives and all others acting for and on their behalf from manufacturing and selling, offering for sale, directly or indirectly dealing in electric goods included in class 9 and/or any other cognate or allied goods or the goods o


































































































































































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