TEJAS KARIA, J. (ORAL)

I.A. 25952/2025

FACTUAL BACKGROUND:

1. The Plaintiff has filed the present Suit for permanent injunction restraining the Defendant from infringing the registered Trade Mark of the Plaintiffs, and for passing off, misrepresentation, dilution, damages, rendition of accounts, delivery-up etc.

2. Vide order dated 16.10.2025, Notice was issued in this Application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (“CPC”) and the Defendant was directed file Reply to this Application.

3. Accordingly, the Defendant has filed the Reply to this Application. The learned Counsel for the Plaintiffs submitted that the Plaintiffs did not wish to file Rejoinder to the Reply filed by the Defendant to this Application.

SUBMISSIONS ON BEHALF OF THE PLAINTIFFS:

4. The learned Counsel for the Plaintiffs made the following submissions:

4.1. The Plaintiffs, by themselves and their predecessors, have been in the business of manufacturing and selling electrical products, falling in Classes 7, 9 and 11, since the year 1942. The Plaintiffs’ products sold under the Marks / Artistic Works ‘HAVELLS’ / ‘ ’ / ‘ ’ / (“Subject Marks”) enjoy market dominance across a spectrum of prod