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2016 Supreme(Del) 2276

RAJIV SAHAI ENDLAW
OK PLAY INDIA LIMITED – Appellant
Versus
MAYANK AGGARWAL – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jayant Mehta, Mr. Kapil Wadhwa, Mr. Anirudh Wadhwa and Ms. Tanya Sharma, Advs.
For the Defendants : Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra, Mr. Nitin Sharma and Mr. Avijit Sharma, Advs. for D-1 to 7. Mr. Bharat Deepak, Adv. for D-8.

JUDGMENT :

IA No.16099/2015 (of the plaintiff u/O 39 R-1&2 CPC), IA No.18726/2015 & IA No.24796/2015 (of defendants u/O 39 R-4 of the CPC) & IA No.18727/2015 (of the defendants for release of goods). 1. The application of the plaintiff for interim injunction and the applications of the defendants for vacation of the ex parte ad interim injunction granted to the plaintiff vide order dated 7th August, 2015 and for release of the goods seized by the Court Commissioner appointed vide the same order and order dated 21st August, 2015 are for consideration.

2. The plaintiff, claiming to be a leading manufacturer and distributor of quality products made using plastic moulding technology including toys, school furniture and playground equipment, has sued the eight defendants namely Playwell Impex Private Limited and its Directors Mr. Mayank Aggarwal, Ms. Meenakshi Gupta, Mr. Pawan Kumar Gupta and Mr. Vishal Gupta and its Manager Mr. Darshan Singh Rawat and its distributor R.P. Associates and its manufacturer Funko India for the relief of permanent injunction restraining them from infringe upon the bundle of intellectual property rights including copyright and Common Law Rights in designs and/












































































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