In an interim application concerning counterfeit marks and passing off, the Bombay High Court, noting the respondent's default and a strong prima facie case, made earlier ad-interim reliefs absolute and allowed the application.
Earlier ad-interim reliefs made absolute; application allowed in terms of prayer clauses (a), (b) (c) and (e).
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907.IA.3224.2021.doc
Digitally signed by SHRIKANT SHRIKANT SHRINIVAS SHRINIVAS MALANI MALANI Date: 2023.01.16 13:47:07 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 3224 OF 2021 IN
COMMERCIAL IP SUIT NO. 371 OF 2021
Hindustan Unilever Limited
...Applicant/Plaintiff
Versus
Rakesh Gupta
...Defendant
CORAM : MANISH PITALE, J DATE : 12th JANUARY, 2023.
P. C. :
Despite service on various occasions, the sole Defendant has failed to appear before this Court.
of the ex-parte ad-interim order granted by this Court.
Page1 of 3
Shrikant
907.IA.3224.2021.doc
Leave Petition was granted, in view of the fact that the Defendant was served with the papers. By a subsequent order dated 28th September, 2022, this Court granted further ad-interim relief in respect of the action of passing off.
Page2 of 3
Shrikant
907.IA.3224.2021.doc
are made absolute.
(a), (b) (c) and (e).
(MANISH PITALE, J.)
Page3 of 3
Shrikant
2 issues framed by the court
Whether ad-interim reliefs granted earlier should be made absolute given the defendant's failure to appear and prima facie case.
Whether a strong prima facie case exists regarding counterfeit marks on impugned products.
Hindustan Unilever Limited
Rakesh Gupta
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
