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2022 Supreme(Del) 1893

NAVIN CHAWLA
Vasundhra Jewellers Pvt. Ltd. – Appellant
Versus
Kirat Vinodbhai Jadvani – Respondent


Advocates appeared:
Mr. Sagar Chandra, Mr. Prateek Kumar, Ms. Shubhie Wahi, Ms. Sanya Kapoor, Mr. Parrek & Ms. Aarushi Jain, Advs., for the Plaintiff; Mr. Raghavendra M. Bajaj, Mr. Anshuman Upadhyay, Mr. Naseem & Mr. Prashant, Advs., for the Defendants No. 1

JUDGMENT

I.A. 8515/2022

1. By this application, filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short, 'CPC'), the plaintiff prays for an ad-interim injunction restraining the defendant no. 1, its directors, executives, partners or proprietors, officers, servants and agents or any other persons acting for or on their behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using, directly or indirectly, in relation to any jewellery/precious stones/gems and/or any other allied and cognate goods/services, including but not limited to textiles, textile goods and fabrics, under the impugned marks/labels/logos/ domain name

2. It is the case of the plaintiff that the plaintiff-company was established on 28.10.1999 and has been continuously and uninterruptedly using the name 'VASUNDHRA'/'VASUNDHRA JEWELLERS' both as a trade mark as also a trade name. The plaintiff has its jewellery showroom at Pitampura, New Delhi, where the customers from not only Delhi but also all over India come to shop. The plaintiff asserts that over the years, it has used several iterations of the 'VASUNDHRA Marks

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