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2022 Supreme(Raj) 772

PUSHPENDRA SINGH BHATI
Aadhar Products Pvt. Ltd. , Through Its Authorized Representative Navneet Laddna, S/o. Shri Ramesh Chandra Laddha – Appellant
Versus
Lotus Organic Care, Through Its Proprietor Shri Harish Dadhich, S/o. Shri Govind Lal Dadhich – Respondent


Advocates Appeared:
For the Appellant : Mr. M.S. Singhvi, Dr. Ashok Soni, Mr. Hemant Dutt.
For the Respondents: Mr. Vineet Dave, Mr. Divyanshu Choudhary.

JUDGMENT :

1. This Criminal Appeal has been preferred under Order 43 Rule 1 (r) C.P.C. with the following reliefs:-

    “It is, therefore, most respectfully prayed on behalf of the appellant/plaintiff that the present Civil Misc. Appeal may kindly be allowed and the impugned order dated 6.10.2018 passed by the learned Additional District Judge No.1, Udaipur Camp Mavli may kindly be set aside and the application for Temporary Injunction filed by the appellant/plaintiff may kindly be allowed and pending final hearing and disposal of the suit respondents/defendants may be restrained from selling heir product washing powder by the name of “Delite” and in the similar packaging/pouch as that of the appellant/plaintiff.

Any other appropriate order or direction which this Hon’ble Court deems fit and proper in the facts and circumstances of the present case may kindly be granted in favour of the appellant/plaintiff.”

2. Brief facts of the case as placed before this Court by Mr.M.S. Singhvi and Dr. Ashok Soni, learned Senior Counsel assisted by Mr.Hemant Dutt, appearing on behalf of the appellant, are as follows:

2.1 The appellant is a Company registered under the Indian Companies Act, 1956 and

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