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2018 Supreme(Online)(Bom) 1162

HIGH COURT OF BOMBAY
S. C. Dharmadhikari, Bharati H. Dangre, JJ
Kalpesh R. Jain – Appellant
Versus
Mandev Tubes Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rashmin Khandekar, Mr. Shilpan Gaonkar, Ms. Sana Khan, Bhagwati Trivedi
For the Respondents: Mr. Rohan Kadam, Ms. Rajashri Karande, Joseph Vankasery

JUDGMENT : (Per Smt.Bharati H. Dangre, J.)

1 The present Appeal is filed by the Appellants (original defendants), being aggrieved by the order and judgment delivered by the learned single Judge of this court (Coram : G.S. Patel,J.) on 06.12.2016 in Notice of Motion No. 2195 of 2016 filed in Suit No. 742 of 2016, thereby recording the finding that the Plaintiff therein has demonstrated a prima facie case and that the Hon'ble Court is persuaded to grant the said notice of motion in terms of prayer clauses (a), (b) and (c).

The present appellants were impleaded as Defendants/ Respondents in the Suit No. 742 of 2016 which was filed by the plaintiff Company - Mandev Tubes Pvt. Ltd., seeking protection of its registered design and alleging infringement and passing off.

Commercial Suit No. 742 of 2016 was filed by the Private Limited Company i.e. Mandev Tubes Pvt. Ltd., having its registered office at Mumbai, claiming that it manufacture / sells metal / copper tubes with diversified use and are often employed in household air-conditioning, medical gas delivery pipelines and indoor plumbing. It is the case of the plaintiff- company in the suit, mentioned above, that it is engaged in the busin

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