J U D G M E N T

% 28.12.2023 IA3114/2022 (under Order XXXIX Rules 1 and 2 of CPC)

1. The plaintiff Khadi and Village Industries Commission (KVIC) seeks, by this suit, relief against what it perceives to be infringement, by the defendant, of its registered trademarks and passing off, by the defendant, of its products as the products of the plaintiff.

2. This judgment decides IA 3114/2022, filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interlocutory injunctive reliefs pending disposal of the suit.

3. I have heard learned Counsel for both sides at length. Ms. Shwetasree Majumder appears on behalf of the plaintiff and Mr. S.K.

Bansal represents the defendant.

Rival submissions Case set up by the plaintiff – Submissions of Ms. Majumder

4. The plaintiff is a creature of the Khadi and Village Industries Commission Act, 1956 (“the KVIC Act”). The KVIC was itself constituted in 1957. Since then, it has been carrying out work relating to implementation of programs for the development of Khadi and other related industries in rural areas. In the process, products bearing the trademark “Khadi” are promoted by the plaintiff. The plaintiff also