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2019 Supreme(Del) 1746

MANMOHAN
Radico Khaitan Ltd. – Appellant
Versus
Devans Modern Breweries Ltd. – Respondent


Advocates Appeared:
For the Appellant :Sudhir Chandra, Senior Advocate, Ishani Chandra, Sagar Chandra, Ankit Rastogi and Srijan Uppal, Advocates.
For the Respondent:S.K. Bansal, Ajay Amitabh Suman and Kapil Kumar Giri, Advocates.

JUDGMENT :

Manmohan, J.

I.As. 3483/2018, 4354/2018

1. The present suit has been filed for permanent injunction restraining infringement of trade mark, passing off, delivery up, rendition of accounts, damages etc. The prayer clause in I.A. 3483/2018 is reproduced herein-below:-

"26. In these circumstances it is respectfully prayed before that this Hon'ble Court may be pleased to pass an ex-parte ad interim injunction restraining the Defendants, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from manufacturing, exporting, marketing, offering for sale, selling, advertising or in any manner dealing with any Alcoholic Beverages including but not limited to Beer and Ready to Drink Beverages under the trademark 'ELECTRA' or from adopting any other mark or label which is identical or deceptively similar to the Plaintiff's registered trade mark ELECTRA thus amounting to infringement of trade mark, and/or do any other thing which may lead to passing off of the goods and/or services of the Defendants as that of the Plaintiff and/or do any other thing which may lead to di

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