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2024 Supreme(Guj) 1366

BIREN VAISHNAV, DEVAN M. DESAI
Sonani Industries Pvt. Ltd (Formerly Known As Sonani Jewels Pvt. Ltd. ) – Appellant
Versus
Galactica Processing Technologies Llp – Respondent


Advocates Appeared:
For the Appellant :Mr. Saurabh Soparkar, Ld.Sr. Advocate With Jwalit B. Soneji.
For the Respondents:Mr Arjun M. Joshi, Mr. Jay Savla Ld.Sr. Advocate With Mr. Bhash H. Mankad.

JUDGMENT :

(Devan M. Desai, J.) :

1. By way of the present Appeal From Order, the appellant – original plaintiff has challenged the order below Ex.5 dated 18.05.2023 passed by the learned Additional District Judge-11, District & Sessions Court, Surat in Commercial TM C.S.No.1 of 2023.

2. Heard learned Senior Counsel Mr.Saurabh Soparkar with learned advocate Mr.Tarun Khurana, learned advocate Mr.Ahhijeet Deshmukh and learned advocate Mr.Jwalit Soneji for the appellant, learned advocate Mr.Arjun M. Joshi for respondent Nos.1, 6 and 7 and learned Senior Counsel Mr.Jay Savla with learned advocate Mr.Robin Chacko and learned advocate Mr.Bhash Mankad for respondent Nos.2, 3, 4 and 5.

3. Brief facts of the case are summarized as under:-

3.1 The plaintiff has prayed for in Injunction Application that pass an interim injunction in favour of the plaintiff and against the defendants, their affiliates, subsidiaries, related parties/officers, directors, representatives, agents distributors, assigns, nominees, and customers restraining them from directly or indirectly, jointly or severally, manufacturing having manufactured, procuring selling, offering for sale any machine/device or service that

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