Tandale

27-IA(L)-22315-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION/

IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION (L) NO. 22315 OF 2021

IN

COMMERCIAL IP SUIT NO. 447 OF 2021

WITH

LEAVE PETITION NO. 319 OF 2021

Asian Paints Limited

… Applicant/Plaintiff

V/s.

Rajendran Kumaran

… Defendant

Mr.Vinod Bhagat a/w Ms.Prachi Shah and Karan Khiani i/b. G.S. Hegde and

V.A. Bhagat for Applicant/Plaintiff.

None for the Defendant.

CORAM : N. J. JAMADAR, J.

DATED : 4^th JANUARY, 2022.

P.C. :

.

Heard Mr. Bhagat, learned counsel for the plaintiff/Applicant.

2.

By an order dated 24^th November 2021, this Court had granted

interim relief in terms of prayer Clauses (a), (b) and (d).

3.

The order was executed and the Court Receiver executed the

Commission on 20^th and 21^st December 2021. The Court Receiver’

s Report

No.510 of 2021 is placed on record.

4.

The Court Receiver’s Report indicates that, the copies of the

orders and papers and proceedings have been served on the defendant.

5.

Today, an affidavit of service is filed on behalf of the plaintiff.

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Copies of the covering letter containing acknowledgment of the service of the

order and documents are annexed to the affidavit.

6.

Mr. Bhagat, learned counsel for the plaintiff submits that, the

defendant had been intimated about the today’s listing of the matter as well.

7.

None appears for the defendant.

8.

I am satisfied that leave having been granted under Clause XIV of

the Letters Patent, this Court will have jurisdiction to entertain the suit in

respect of the cause of action for passing off as well.

9.

Hence, Clause XIV leave petition is made absolute.

10.

Since none appears for the defendant and the vary reasons, which

weighed with the Court in granting interim relief in terms of prayer clauses

(a), (b) and (d), justify the grant of interim relief in terms of prayer clause (c)

and (e) excluding bracketed portion, I am persuaded to grant further interim

reliefs.

11.

Hence, there shall be interim order in terms of prayer clauses (c)

and (e) excluding the bracketed portion of Interim Application which read as

under:-

“(c) pending the hearing and final disposal of the suit,

the Defendant by himself, his servants, agents, assignees,

stockists and all those connected with the Defendant in his

business be restrained by an order and injunction of this

Hon’ble Court from manufacturing, marketing,

distributing, selling and/or using in any manner

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whatsoever in relation to his emulsion and wall primer,

paint or other like goods used in the paint industry, the

impugned marks and trade dress of ASIAN PAINTS, AP

Logo, TRACTOR, TRUCARE and ACE, the impugned mark

and name MACRO ASIA PAINTS, the impugned trade

dress used on his WALLMATE exterior emulsion,

WALFLASH exterior emulsion and WALFLASH interior

wall primer labels or from using any mark or name or

trade dress identical with and/or deceptively similar to the

Plaintiff’s distinctive and prior used trade marks ASIAN

PAINTS AP Logo, TRACTOR, TRUCARE and ACE and the

distinctive trade dress of TRACTOR, TRUCARE, ACE and

ROYALE labels, so as to pass off the Defendant’s business

and goods as and for those of the Plaintiff or in some way

connected or associated therewith;”

(e)

pending the hearing and final disposal of the suit,

this Hon’ble Court be pleased to order and direct the

Defendant by themselves, their proprietor/partners from

giving and/or making complete disclosure of documents

on oath including revealing :: (a) the name/s and address/

es of the people/parties from whom such goods have been

purchased, (b) the name/s and address/es of the

people/entities who place such orders of the impugned

goods and other like paint preparations bearing the

impugned marks ASIAN PAINTS, AP logo, TRACTOR,

TRUCARE and ACE depicted under the pirated artworks of

TRACTOR, TRUCARE, ACE and ROYALE as complained off

hereinabove