P.C.

1. The present Interim Application has been filed under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (“CPC”).

2. Heard learned counsel Mr. Bhagat. He, at the outset, has tendered an affidavit of service to prove service of the Interim Application upon the Defendant. Affidavit of service is taken on record.

3. Mr. Bhagat then invites my attention to the ex-parte ad-interim order dated 19th January 2017 and points out that by the said order, this Court had granted the Applicant/Plaintiff ad-interim relief in terms of prayer clauses (a), (b) and (d) of the Interim Application. The said prayer clauses, for convenience, are reproduced below:

"(a) that pending the hearing and final disposal of the suit, the Defendants by themselves, their proprietors/partners, servants, agents, assignees, transferees and all those connected with them in their business be restrained by an order and injunction of this Hon'ble Court from in any manner manufacturing, marketing, selling and/or using in relation to their skin and hair cream (mis-described as vaselene) and on other cosmetic goods, the impugned carton and label of MOON which bears a color scheme, get up, lay out, design, style and representation being identical with and/or substantially similar to the original artistic work as depicted on the Plaintiff's carton and label of NOVA, so as to infringe upon the Plaintiff's copyright registered under Nos. A-13658/75, 13659/75 dated 30.07.1975;

(b) that pending the hearing and final disposal of the suit, the Defendants by themselves, their proprietors/partners, servants, agents, assignees, transferees and all those connected with them in their business be restrained by an order and injunction of this Hon'ble Court from in any manner manufacturing, marketing, selling and/or using in relation to their skin and hair cream (mis-described as vaselene) and on other cosmetic goods, the impugned carton and label of MOON bearing a trade dress identical with and/or deceptively similar to the Plaintiff's label mark and trade dress of NOVA, so as to infringe upon the Plaintiff's said label mark registered under Nos. 126502, 1070856 and 1070857, all in class 03;

(d) that pending the hearing and final disposal of this suit, the Court Receiver, High Court, Bombay, or such other fit and proper person/s as this Hon'ble Court thinks fit, be appointed Receiver/s with all powers under Order XL Rule 1 and Order XXXIX Rule 7 of the Code of Civil Procedure, 1908, to attend and search the premises, shops, retail outlets, offices, factories, godowns, warehouses of the Defendants, their distributors and stockists and other premises, at any time of the day or night, including on holidays, wherever the goods viz. Skin and hair cream (mis- described as vaselene) and other cosmetic goods including labels, bottles, pouches, wrappers, stickers, packaging and advertisement materials bearing the impugned mark INOVA under a pirated artwork or any other mark/s and artwork/s deceptively/substantially similar to the Plaintiff's trade mark and original artistic work of NOVA as may be found, stocked or are lying and to break open such locks with police assistance (if needed), make an inventory and take custody/possession thereof by sealing the said products at the Defendants' premises under lock and key and also of all related items such as stationery, production registers, invoices, printing materials, blocks, moulds, dyes, stencils and master plates used to print counterfeit packaging materials, lying at the premises, offices or factories of the Defendants or their printers, their stockists or agents or at any other place/s and the Defendants by themselves, their partners/proprietor, heirs, servants, employees, representatives, agents, stockists be ordered and directed to deliver up all of the aforesaid to the Court Receiver or to such other fit and proper person as this Hon'ble Court thinks fit and the Court Receiver must carry out such search and seizu