C. HARI SHANKAR
Kent Ro Systems Pvt. Ltd. – Appellant
Versus
Pushpendra – Respondent
JUDGMENT
I.A. 6940/2021 (under Order XXXIX Rules 1 and 2 of CPC)
1. By this judgment, I proceed to dispose of IA 6940/2021, filed by the plaintiffs Kent RO Systems Ltd. under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).
2. Detailed arguments on this application have been advanced by learned Counsel Ms. Rajeshwari H. on behalf of the plaintiffs and by Mr. Mohan Vidhani on behalf of Defendant 1.
A Conspectus
3. The grievance of the plaintiffs is that Design No. 219309 dated 17th October 2008, which stands registered in favour of the plaintiff as its proprietor in respect of a "water purifier" has been infringed by various entities, who sell water purifiers bearing allegedly infringing designs on the Flipkart website, owned and managed by Defendant 2 (hereinafter referred to as "Flipkart").
4. A tabular statement of the water purifiers bearing allegedly infringing designs and sold over Flipkart is provided in para 25 of the plaint. Of these, the water purifiers at serial nos. 3, 6 and 10 are manufactured by Defendant 1 Pushpender Yadav, as is also admitted by Defendant 1 in para 24 of the written statement filed by him by way of response to the plaint. Defen
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