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2023 Supreme(Del) 1062

NAVIN CHAWLA
Lt Overseas North America Inc – Appellant
Versus
Krbl Limited – Respondent


Advocates appeared:
Mr.J. Sai Deepak & Mr.Avinash K. Sharma & Ms.Shaktiki Sharma, Mr.R.Abhishek, Advocates, for the Plaintiffs.
Mr.Anirudh Bakhru, Mr.Ayush Puri, Ms.Tejaswini Chandrasekhar, Mr.Umang Tyagi & Mr.Prateek Kumar Jha, Advocates, for the Defendant.

JUDGMENT

I.A. 8103/2022

1. The present application has been filed by the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as `the CPC.) praying for an order restraining the defendants from producing, selling, offering for sale or advertising, promoting its goods or services, exporting or enabling advertising campaigns either directly or indirectly in physical/electronic form, internet, websites or in any manner, any product bearing the impugned mark/package `ZABREEN ROYAL'/[IMG] which is identical/deceptively similar to the plaintiffs' mark/label `ROYAL' and related marks so as to result in infringement or passing off or unfair competition or their dilution; and also to disclose details of the parties involved in the manufacturing, marketing, distributing, selling and labeling of the impugned products or any other party connected with the mark of the defendant.

CASE OF THE PLAINTIFFS

2. It is the case of the plaintiffs that the plaintiffs are in the business inter alia of processing, marketing and exporting rice. The plaintiff no. 1 is the subsidiary of the plaintiff no. 2. The predecessor of the plaintiff no.1, `M/s Aromatic










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