Asian Paints Limited vs Shaikh Mohammad Mustafa

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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IN ITS COMMERCIAL DIVISION

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COMMERCIAL IP SUIT NO. 226 of 2024

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Asian Paints Limited, an existing company under the Companies Act, 2013, having its -registered office at 6-A, Shantinagar, Santacruz (E), Mumbai - 400 OSS. a Plaintiff VS. Shaikh Mohammad Mustafa, proprietor, doing business under the name and style of MS Paints Industries and also trading as Metro Paints, having its address at 4-3-142-2, Beside M.G. Metallic Springs, Bellary Road, Ananthapuramu-5 15001 A.P. Lasteas Defendant

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CONSENT TERMS

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.

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ie The Plaintiff abovenamed has filed the present suit against the abovenamed Defendant praying inter alia for reliefs relating to infringement of its registered trade mark TRUCARE exterior wall primer label, the registered copyright in the original artistic work of its TRUCARE exterior wall primer label and for passing off the goods viz. primer, paints and other like goods used in the paint industry, by the Defendant, by use of impugned label mark and pirated artwork of BEAUTY exterior wall primer and for other reliefs, as more particularly mentioned in the Plaint.

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2, The Defendant hereby acknowledges the proprietary rights of the Plaintiff in its registered trade mark label and original artistic work of TRUCARE exterior wall primer being used in relation to its goods as more particularly mentioned in the Plaint. a The Defendant agrees and undertakes that he shall not hereafter use the impugned label mark and pirated artwork of BEAUTY exterior wall primer being deceptively/substantially similar to the Plaintiff's registered trade mark label and original artistic work of TRUCARE exterior wall primer, nor shall he use any other mark or artwork which is identical with and/or are deceptively/substantially similar to the Plaintiff’ s aforementioned registered trade mark label and/or original artistic work as aforementioned.

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3 We. Ape

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The Defendant accordingly submits to a Decree in favour of the Plaintiff in terms of prayers (a), (b), (c) and (d) of the plaint, which reads as under :-

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a. the Defendant by themselves, their proprietor/partners, servants, agents, stockists, distributors, assignees and all those connected with the Defendantin their business be restrained by a perpetual order and injunction of this Hon’ble Court from manufacturing, marketing, distributing, selling and/or using in any manner whatsoever in relation to their wall primer, paints or other like goods used in the paint industry, the impugned label mark of BEAUTY exterior wall primer or any mark or label identical with and/or deceptively similar to Plaintiff's trade mark TRUCARE exterior wall primer, so as to infringe upon on the Plaintiff's said trade mark TRUCARE exterior wall primer registered. under No. 3389677 in class 02;

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the Defendant by themselves, their proprietor/partners, servants, agents, stockists, distributors, assignees and

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- all those connected with the Defendant in their business be restrained by a perpetual order and injunction of this Hon'ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their wall primer, paints or other like goods used in the paint industry, the impugned pirated artwork of BEAUTY exterior wall primer (appended at Exhibit H to the Plaint) bearing a colour scheme, layout, get-up, style, artwork and representation or any other artwork which is identical with and/or is substantially/strikingly similar as regards the colour scheme, lay-out, get-up, style, artwork — and representation to the Plaintiff's original artistic label of TRUCARE exterior wall primer label (appended at

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Exhibit B to the Plaint), so as infringe upon the Plaintiff's copyright in its TRUCARE exterior wall primer label registered under No. A-120500/2017 dated 21.09.2017;

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c. the Defendant by themselves, their proprietor/partners, servants, agents, stockists, distributors, assignees and all those connected with the Defendantin their business be restrained by a perpetual order and injunction of this Hon’ble Court from manufacturing, marketing, selling and/or using in any manner whatsoever in relation to their wall primer paints or other like goods used in the paint industry used in the paint industry, the impugned label mark and the impugned trade dress depicted on its BEAUTY exterior wall primer label or any mark, label or trade dress identical with and/or deceptively similar to the Plaintiff's distinctive and prior used trade mark and trade dress of TRUCARE exterior wall primer, 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.

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d. the Defendant be ordered and decreed to deliver-up to the Plaintiff for destruction all such materials including wall primer, paints or other like goods used in the paint industry including shade cards, poly bags, pouches, containers, buckets, labels, stickers, advertising and packaging materials, dyes, screens, blocks, moulds, papers, vouchers, bill books, carry bags, and other goods bearing the label mark BEAUTY exterior wall primer depicted under the impugned pirated artwork being substantially similar to the Plaintiff's trade mark and original artistic work of TRUCARE exterior wall

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_ primer as complained off;

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As regards prayer clause (d) above, the Defendant undertakes to deface the goods bearing the impugned label mark and pirated

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artwork of BEAUTY exterior wall primer as seized and sealed by the Court Receiver at the Defendant’s premises. The unbranded containers/buckets alongwith the contents thereof would then be duly returned to the Defendant for future use under different trade mark/s and artwork/s. The Defendant further agrees to deface/destroy all such materials including shade cards, containers, buckets, poly bags, pouches, labels, stickers, advertising and packaging materials, dyes, screens, blocks, moulds, papers, vouchers, bill books, carry bags and other goods bearing the impugned label mark and pirated artwork of BEAUTY exterior wall primer. The aforesaid destruction/defacement is agreed by the parties to be undertaken in the presence of the Plaintiff's representative and within a . period of two weeks from the date of execution of this consent terms. 6. As regards the Plaintiff's claim of damages mentioned in prayer clause (e) of the Plaint, the Defendant hereby pays an amount ‘of Rs. 1,25,000 (One Lakh Twenty Five Thousand Rupees only) in favour of the Plaintiff, ie. Asian Paints Limited, vide Demand Draft No. 217358 dated 15'" February 2025 drawn on Union Bank of India. The Defendant submits that the said Demand Draft issued in the Plaintiff's^{favourwillbehonoredby} his bankers.

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a, In case the Defendant is found to violate the above terms, then the Defendant would be guilty of contempt of this Hon’ble Court’s order and ral be liable to pay an appropriate amount as and by way of damages to the Plaintiff. This would be in addition to all other legal remedies which the Plamtiff would then be legally entitled to institute against the Defendant abovenamed.

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Copy of the Power of Attorney in favour of Mr. Yash Patade, being the Legal Executive and Constituted Attorney of the Plaintiff and a copy of the identity proof viz. Aadhar card of Shaik Mohammed Mustafa, being the Defendant abovenamed, are appended herewith as ANNEXURES A and B respectively.

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Dated this AS day of AP. — 2025.

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aes

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Yash Patade (Legal Executive and Constituted Attorney of the Plaintiff)

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< 6 fee Sh4ik Mohammed Mistafa. (Defendant)

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For Vinod A. Bhagat Advocates for the Plaintiff.

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; ANREKURE - A

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- 6 AUG 2024
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POWER OF ATTORNEY

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TO ALL TO WHOM THESE PRESENTS SHALL COME, I, Ami Parikh, presently working as General Manager - Legal for Asian Paints Limited, a Company registered under the provisions of the Indian Companies Act, 1913, and governed by the provisions of the Companies Act, 2013, having its Registered Office at 6 A Shantinagar, Santacruz (East), Mumbai 400055 (hereinafter referred to as 'the Company') SEND GREETINGS:

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% ¢ Paar ak es SESS

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8 he See eee: Avie satis eee sips raf Beene

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WHEREAS | am the duly constituted Attorney of the Company by virtue of the Power of Attorney dated February, 24 2023 and as'such as per Clause 11 of the said Power of Attorney, | am empowered to sub-delegate any or all of any powers gate to me, tc one or more Executives of the eee a NOW KNOW TO ALL THAT L Ami Parikh, ‘picbenily. working as General Manager - Legal, am desirous of appointing some fit and proper person to act as an Attorney for and on behalf of the Company and I-do ‘hereby nominate, constitute, and appoint Mr. Yash Patade ~ Executive-I ~ Legal, to act in the name and on behalf of the Company and to lawfully de and execute all or any of the following acts, deeds, matters and things in respect of the aforesaid branch of the Company that is to say :-

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To fileand defend any Commercial Intellectual Property suit and for that purpose to engage lawyers, pleaders, send notice, verify and sign plaints,

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' written statemenis, affidavits, petitions, writs, revisions, consent terms -and application of all kinds and to file them in any Court or Office of Law and also to file necessary cri indinal complaints with prior written approval from the Company against z any individual or entity for any such violation of the Company’ s intellectu tual property rights: with the appropriate enforcement agency, courts, Department of Police or any special agency of the State for Unis purpose: and to take all necessary action for and on behalf of the Company.

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PROVIDED ALSO that this pever a Attorney shall ipso facto stand terminated if the said Attorney resigns from the Company! s employment or on his ceasing to be in such employment or on his s Jeaving such employment or on his transfer by the Company from the present place of employment for any reason whatsoever. ee a:

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PROVIDED that the. Paid Auerhey shall keep the Company informed, in writing, of all acts, deeds or things done by him by virtue of these presents.

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EXECUTED ON THIS , 2024. COMPANY do hereby agree to ratify and confirm whatever the said Attorney hall do or purport to do or cause to be done lavruly, by virtue of these present.

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Signed and Delivered by the within ) named Mrs. Ami Parikh ) General Manager - Legal

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POWER OF ATTORNEY

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TO ALL TO WHOM THESE PRESENTS SHALL COME, I, R J Jeyamurugan, presently working as Chief Financial Officer and Company Secretary for Asian Paints Limited, a Company registered under the provisions of the Indian Companies Act, 1913, and governed by the provisions of the Companies Act, 2013, having its Registered Office at 6 A Shantinagar, Santacruz (East), Mumbai 400055 (hereinafter referred to as 'the Company‘) SEND GREETINGS:

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WHEREAS I am the duly constituted Attorney of the Company by virtue of the Power of Attorney dated February 16, 2022and as such as per Clause 21 of the said Power of Atvorney, Iam empowered to sub-delegate any or all of any powers delegaied to me, to one or more Executives of the Company. Q4

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and Company Secretary, am desirous of appointing some fit and proper person to act as an Ms Ami Parikh, GENERAL MANAGER

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Company and to lawfully do and execute all or any of the following acts, deeds, matters and .

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Attorney for and on behalf of the Company and I do hereby nominate, constitute and appoint - LEGAL to act in the name and on behalf. of the

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things in respect of the aforesaid branch of the Company that is to say:NOW KNOW TO ALL THAT I, RJ Jeyamurugan, presently working as Chief Financial Officer

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complaints, affidavit in reply, affidavit in rejoinder, sur-rejoinder, statement of claim, arbitration documents or writings in the name of the company and on behalf to hear any suit or proceeding appea! or inquiry relating to any of the matters, relating to the To sign, declare and affirm plaints, written statements, writ petitions, reply application, application/s, statement of defence, counter claim/s, memorandum of appeal, Vakalatnama, Objection petition, or application, consent terms, settlement agreement and other necessary of the Company and to

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Appear/let in evidence, before any Judge, Magistrate , Court or other officer empowered by law Company or in which the Company may be interested and to accept service of any Writ or company in any Court, Tribunal, Forum across India including Supreme Court and before all Judicial or public officers or authorities as the Attorney shall think proper . Summons, Notice, Rule or other process and to appear for the Company and to represent the

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. To defend or file any suit on behalf of the Company and for that purpose to engage lawyers, pleaders, respond or send notice, verify and sign plaints / written statements, affidavits, petitions, writs, revisions and application of all kinds and to,file them in any Court or Office of Law. °

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. Toapply for, obtain, all licenses, permits, registrations, sanctions and renewals thereof as may be necessary and appropriate for the purposes of carrying on the business of the Company and for this purpose to make, execute, sign and submit all necessary applications, forms, returns, documents and other papers to the necessary authorities and appear before the concerned authorities/ officers’ if necessary, in connection with obtaining all such licenses, permits, sanctions etc.

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. To sign all letters, papers, forms, documents including affidavits / undertakings / applications, appeal/s as may be necessary for and on behalf of the Company in connection with the Competition Act, 2002 and rules thereof including appearing before the Competition Commission of India (CCI), engaging lawyers to appear and represent the Company in such proceedings before the CCI, Registrar of Companies, Regional Director, National Company Law Tribunal, National Company Law Appellate Tribunal and Supreme Court.

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. To enter into negotiations, make, sign, execute and do all such contracts, agreements, memorandums of understanding, ictters of intent, deeds, declarations and things as may in the opinion of the attorney be necessary for carrying on the business of the Company under this Power of Attomey. :

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. To demand from all such party / parties the amount due and payable to the Company and for that purpose to engage lawyers, pleaders, solicitors, send notices, verify and sign plaints, vakalatnamas, affidavits, petitions, writs, revisions and application of all kinds including sign consent terms, settlement agreement and to file them in any Court or Office of Law.

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To file criminal complaints to the Magistrate or to Police Authorities and/or to file civil suits and to initiate and follow up legal proceedings in any Court or before any authority against any person and to do all acts, deeds and things necessary or incidental in respect of offences against the Company of the Company.

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To appoint investigation agencies to undertake:surveys to inquire, detect and to investigate against and all the organizations/ individual for any violation/ infringement or unauthorized or unlawful use of the brand names, trade marks, copyright, logo/s, special packing and design thereof of the Company (registered in the name of the company and / or being used under License) and passing off substandard and even counterfeit products, existing and applied by

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them in respect of Company’s products and to allow investigation agencies/ individuals to file necessary criminal complaints with prior written approval from the Company against the said organization/ individual for any such violation of the Company’s intellectual property rights with the appropriate enforcement agency, courts, Department of Police or any special agency of the State for this purpose and to take all necessary action for and on behalf of the Company.

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To accept service of any writs of summons, notice, rule or other process and to appear for the Company and on behalf of the Company before all Judicial or Public Officers or Authorities as the Attorney shall think proper and to give evidence and/or to produce evidence oral or documentary as the Attorney may deem think fit.

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. To sign Memorandum of Understanding, Letter of Intent, Expression of Interest, Lease Deeds, Leave & License Agreement, Sub-Lease Deed, Sub-License, Agreement in respect of godown/ warehouse to be taken on lease or license or for the renewal of the Lease Deeds with the previous permission of the Company as and when necessary in the hame and on behalf of the Company and present appear, and admit execution of the document before the sub-registrar of the appropriate jurisdiction for registration and to do all other acts and things necessary to complete various transactions of lease and / or license in favour of the Company and to do and execute all assurances, deeds or do all such acts as may be necessary to effectuate the purpose under this clause lawfully PROVIDED that the said Attorney shall not be entitled to borrow any sum whether with or without security or to mortgage any part of the premises taken on lease basis and / or by way of license without previous permission of the Company having been obtained in writing and provided always that the said Attorney shall not sell or sub let the whole or any portion of the premises taken on lease or license basis without the prior written consent of the Company.

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Lt For the better doing, performing and executing of all the matters and things aforesaid, the Company hereby further grants unto the said attorney, full power and authority to substitute and appoint in his own place and stead (on such terms and coriditions) one or more attorney jointly or severally amongst the employees of the Company, to execute on behalf cf the Company all powers hereby conferred and to revoke any such appointment from time to time and to substitute or appoint any other or others in place of such attorney, as he may time to time think fit, provided that the appointment contains a clause that the appointment will automaticaily terminate upon the said substituted attorney leaving the employment of the Company or on his transfer by the Company from his present place of employment for any reasons whatsoever.

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I pas To appoint law firms, consultants, tele-calling agencies, investigative or ceiective agencies, recovery and/or collection agencies, as the Attorney thinks fit and proper ior carrying on the business of the Company.

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or its Board of Directors could do in their own proper person and the Company do he

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.In GENERAL io do aforernendioned powers or a3 amply and effectually to all intents and purposes as if the Gompany to ratify and confirm all anc wnatsoever the said Attorney shall do purport to co or done by virtue to these present all other acts, deeds, matters and things whatsoever with regare to the

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of on his leaving such employment or on his transfer by the Company from the present place of Attorney resigns from the Company's employment or on his ceasing to be in such employment employment for any reason whatsoever. PROVIDED ALSO that this Power of Attorney shall ipso facto stand terminated if the said

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or things done by him by virtue of these presents. _ PROVIDED that the said Attorney shall keep the Company informed, in writing, of all acts, deeds

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THE COMPANY do hereby agree to ratify and confirm whatever the said Attorney shall do or purport to do or cause to be done lawfully by virtue of these present.

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EXECUTED ON THIS day of

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2023.

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Golibar, 4th Road, Santacruz (E),
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Mob. No. :- 9820487077
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Signature

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FETR TY aye 35304 . Anuesrve TIENTS WTR 069, ES ae et 2 106285 JAN 31 202 2 A bsPiosvosusrinsbe MMO to doe au he me e112 4 . 1 eo SANE POWER OF ATTORNEY Tree Aupol Co-operative Baris te. Anaire rn oe Syndicate Chamber, “tb G , *. 18t FaSahar Road. Andheri Ein

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POWER OF ATTORNEY

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TOALLTO WHOM THESE PRESENTS SHALL COME:

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Company’) SEND GREETINGS: 1913, and js, inter alia, governed by the provisions of the Companies Act, 2013, and having its registered office at 6A, Shantinagar, Santacruz East, Mumbal- 400055 (hereinafter called ‘the ASIAN PAINTS LIMITED, a company incorporated under the provisions of the Companies Act,

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AND WHEREAS the Company has its Branches/Plants/Factories across India and the Company is desirous of appointing some fit and proper person to act as its true and lawful attorney for the matters and with powers hereinafter set out:

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AND WHEREAS the Company is desirous of appointing Shri R J Jeyamurugan, CFO & Company Secretary, as its true and lawful attorney for the matters and with the powers hereinafter set out in connection with the operations of the Company.

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NOW THESE PRESENTS WITNESSETH THAT the Company do hereby nominate, constitute and appoint Shri R J Jeyamurugan, CFO & Company Secretary, (hereinafter called ‘the Attorney’) its true and lawful attorney for and in the name and on behalf of the Company to do the following acts, deeds and things:

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To Sign, declare and affirm plaint, written statement, writ petitions, reply application, complaint, affidavit, affidavit in reply, affidavit in rejoinder, sur-rejoinder, staiement of claim, arbitration application/s, statement of defence, counter claim/s, brencreada of Appeal, Vakalatnama, Objection petition, or application, consent terms, settlement agreement and other necessary^{documentsorwritingsinthenameoftheCompanyandon} behalf of the Company and^to Appear/let^{inevidence,beforeanyJudge,Magistrate,Court} or other officer empowered^{bylawtohearanysuitorproceedingsappeal} or inquiry relating to any of the matters,^{relatingtotheCompanyorinwhichtheCompanymaybe} interested and to accept^{serviceofanyWritorSummons,Notice,Ruleorotherprocessand} to appear for the Company^{andtorepresenttheCompanyinanyCourt,Tribunal,forum} PAN India including Supreme^{CourtandbeforeallJudicialorpublicofficersorauthorities} as the Attorney shall think proper.

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kinds and to file them in any Court or Office of Law. To defend any suit and for that purpose to engage lawyers, pleaders, send notice, verify and sign written statements, affidavits, petitions, writs, revisions and application of all

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To apply for, appear, represent, submit plans and sign necessary documents in éonnection with licenses and / or securing registrations or transfer of registrations under the Factories Act 1948, Central Excise Act 1944, Customs Act 1962, Income Tax Act 1961, Sales Tax Act, Value Added Tax Act (if applicable), Goods and Services Tax Act, 2017 and to appear, represent before authorities and any other State and Central Legislations with regard to construction activity, erection, commissioning, administration, taxation, labour and factory administration as applicable.

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. To apply for, obtain, all licenses, permits, registrations, sanctions and renewals thereof as may be necessary and appropriate for the,purposes of carrying on the business of the Company and for this purpose to make, “execute, sign and submit all necessary applications, forms, returns, documents and other papers to the necessary authorities and appear before the concerned authorities/officers’ if necessary, in connection with obtaining all such licenses, permits, sanctions etc.

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To sign all letters, papers, forms,. documents including affidavits / undertakings / applications, appeal/s as may be necessary for and on behalf of the Company in connection with Securities and Exchange Board of India Act, 1992 (SEBI), rules and regulations thereof including appearing before SEBI and Securities Appellate Tribunal (SAT), engaring lawyers to appear and represent the Company. in such proceedings before SEBI, SAT and Supreme Court.

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Director, National Company Law Tribunal, National Company Law Appellate Tribunal and Supreme Court, sign forms, documents including affidavits as may be necessary for and on behalf of the Company

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To letters, papers, / undertakings / applications, appeal/s in connection with the Competition Act, 2002 and rules thereof including appearing before the Competition Commission of India (cel), engaging lawyers to appear and represent the Company in such proceedings before the CCl, Registrar of Companies, Regional all

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. To appear and represent the Company before Labour law Tribunals/ Courts, SEBI, Securities Appellate Tribunal, Registrar of Companies, Regional Director, National Company Law Tribunal, National Company Law Appellate Tribunal or any other forum, »

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to file petitions, return, applications, appeals and annual statements etc. and to do any } : = : other acts, deeds or formalities required under. the;various Labour Laws and rules applicable to all and any Plant/s of the Company located in India.

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To act as authorised representative of the Company in terms of Section 113 of the Companies Act, 2013, to attend, vote and appoint proxy(ies) at any General Meeting of members of the Investee Company(ies) to be held from time to time. To further subdelegate in writing such power to any other person as the Attorney may deem fit.

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|

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1. To apply, represent, sign necessary documents and submit the same for and on behalf of the Company / Plant before any Municipal Authorities, Government and SemiGovernment Authorities, for availing / obtaining uninterrupted services of power, water, drainage clearance and any other connections as are required for Plants and its operations.

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fo appear and represent and make applications for and on behalf of the Company / Plant before any Excise Authorities, Income Tax and Sales Tax Authorities, Value Added Tax Act Authorities (if applicable), GST Authorities, Legal Metrology Authorities, Service Tax Authorities, Tribunals, Courts, Judicial / Quasi Judicial Authorities, Municipal Authorities, Government and Semi-Government Authorities or any public officer or authority and to file petitions, returns and annual statement and to remit, to claim and receive draw backs, refund of taxes or moneys or for any other purpose as may be necessary and to give and sign receipt or discharge for the same and / or to do any other acts, dseds or formalities necessary under this act and rules.

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To enter into, make, sign, execute and do all such contracts, agreements, deeds, declarations and things as may in the opinion of the attorney be necessany a carrying on the business of the Company / Plant under this Power of Attorney.

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Central Government.

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1. To execute refund applications, refund claims, refund vouchers, receipts of monies thereon and entertain the related correspondence thereto on the service tax paid to the

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To demand from all such party / parties the amount due and payable to the Company / Plant and for that purpose to engage lawyers, pleaders, solicitors, send notices, verify and sign plaints, vakalatnamas, affidavits, petitions, writs, revisions and application of all kinds including sign consent terms, settlement agreement and to file them in any Court

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or Office of Law. ,

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i7

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writs, revisions and application of all kinds and to file them in any Court or Office of Law. lawyers, pleaders, send notice, verify and sign written statements, affidavits, petitions,

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1. To defend any suit filed against the Company / Plant and for that purpose to engage

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15: of offences against the Company / Plant of the Company. To file criminal complaints to the Magistrate or to Police Authorities and/or to file civil suits and to initiate and follow up legal praceedings in any Court or before any authority against any person and to co all acts, deeds and things necessary 9: incidental in respect

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To appoint Investigation agencies to undertake surveys to inquire, detect and to investigate against and all the praanizations/individual for any violation/ infringement or unauthorized or unlawful use of the brand names, trade marks, copyright, logo/s, special packing and design thereof of the Company (registered in the name of the company and / or being used under License} and passing off substandard and even counterfeit oroducts, existing and applied by: them in respect of Company’s products and to allow investigation agencies/ individuals to file necessary criminal complaints with prior written approval from the Company against the said organization/ individual for any such violation of the Company's intellectual property rights with the appropriate enforcement agency, courts, Department of Police or any special agency of the State for this purpose and to take all necessary action for and on behalf of the Company.

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. To accept service of any writs of summons, notice, rule or other process and to appear for the Comnany and on behalf of the Company before al Judicial or Public Officers or Authorities as the Attorrey shall think proper and to give evidence and/or to produce evidence ora: or ducumentary as the Attorney may deem think fit.

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.To represent the Comnzny and appear before any Government, Central or State, Income Tax, Sales Tax or other tax; Customs, Excise, Import and Export Control Licensing, Municipal, Local, judicial, quasi-judicial, revenue or any other public body, regulatory authority, officar or officers for any purpose connected with or relating to the business, af‘airs, activities, .operations and properties of the Company as may be necessary or expedient and to make, sign, verify and file ail returns, applications, documents, forms, petitions, pleadings, affidavits, declarations and other representations/writings on behalf of the Company to the Government or to the aforesaid Authorities or to Officers or any of them including defend the Company against any notices, proceacings filed against the Company.

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PAM 2rd 4 aa ea esl a eee 4

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To sign Memorandum of Understanding, Letter of Intent, Expression of Interest, Lease Deeds, Leave & License Agreement, Sub-Lease Deed, Sub-License Agreement in respect of godown/warehouse to be taken on lease or license or for the renewal of the Lease Deeds with the previous permission of the Company as and when necessary in the name and on behalf of the Company / Plant and present appear, and admit execution of the document before the sub-registrar of the appropriate jurisdiction for registration and to do all other acts and things necessary to complete various transactions of lease and / or license in favour of the Company and to do and execute all assurances, deeds or do all such acts as may be necessary to effectuate the purpose under this clause lawfully PROVIDED that the said Attorney shall not be entitled to borrow any sui whether with or without security or to mortgage any part of the premises taken on lease basis and / or by way of license without previous permission of the Company having been obtained in writing and provided always that the said Attorney shall not sell or sub fet the whole or any portion of the premises taken on lease or license basis without the prior written consent of the Company.

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To make, execute and effect all such Agreements / correspondence as are necessary for installation and / or shifting / surrendering of Telephone, Telex and Fax connections pertaining to any Office/s of the Company and Company’s Flats and to do everything necessary and incidental for the said purpose.

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For the better doing, or performing & executing of all the matters and things aforesaid, the Company hereby further grants unto the said attorney, full power and authority to substitute and appoint in his own place and stead (on such terms and conditions) one or more attorney jointly or severally amongst the employees of the Company, #0 execute on behalf of the Company all powers hereby conferred and to revoke sny such =

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appointment from time to time and to substitute or appoint any other or otfiegs in place of such attorney, as he may time to time think fit, provided that the appointment contains a clause that the appointment^{willautomaticallyterminateupon} the said substituted attorney ieaving^{theemploymentoftheCompanyoronhistransferbythe} Company from his present place of employment for any reasons whaisoever.

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Company, (existing and/or future). business of the Company, Branches/Factories Division the

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1. Generally to do all other acts, deeds, matters and things whatsoever in or about the affairs and / Plant of

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e \ necessary for the purpose aforesaid as fully and effectually as the Company might do. IN GENERAL to do and execute all such other acts, deeds, matters and things as may be

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is

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tolling and at all times hereafter to ratify and confirm whatsoever the Attorney shall lawfully Eta | doofitause to be done by virtue hereof, “up the Board of Directors of the Company in their meeting held on zoe January, 2021 have uliantmously approved the issuance of this Power of Attorney in favour of Mr. R J Jeyamurugan, b) a crd*eitompany Secretary, and the Company hereby ratifies and confirms and agrees from time

¶139

PROVIDED ALSO THAT this Power of Attorney shall ipso facto stands terminated if the said Attarnay resigns from the employment of Asian Paints Limited, or on his ceasing to be in such employment of Asian Paints Limited, or on his leaving such employment or on his transfer by Asian Paints Limited, from the present place of employment for any reason whatsoever.

¶140

PROVIDED that the seid Attorney shall keep the Company informed, in writing, of all ects, deeds or things done by him by virtue of these presents.

¶141

In witness hereof the Company has affixed the Common ) Seal of the Company hereto on this ¢ day of ) 2022 pursuant to the resolution of its ) Board of Directors of the Resolution of its Board of ) Directors of the Company at its meeting held on 20% ) January, 2022 inthe presenceof Mr. Bhavesh Haria ) ee :

¶142

Witnsss: ees J\y Oe. ee
ieee

¶143

Var NU

¶144

BEFORE ME fA alias ds Dae - RAMDAS 5S, JAVLE ; B.Com., LL.B, Notary Greater, Mumbal 16 FEB 2092

¶145

RAMDAS Ss. JAVL act 4th Road, Sante He ee Lig Mao. nmbel- 400 o55,

¶146

PR SP verre

¶147

a eee

¶148

ess ue sas ike OY 208 eo

¶149

ee rl

¶150

q ; 5 3
RM Fa € ae ene

¶151

Left Thumb Impression

¶152

Left Thumb Impression

Signature

Signature

7

ANMEKU Re sls
ze omaeed fi EEE, Fr _-

¶157

SSrcrto

¶158

B Sarl WBoDSo GHsteo, Sddargns sco B MGoHS GHslea GSTS SFOSIEIS argo Srosssay B28 dgas 3GeS’ Favods dy

¶159

Saga6/ Enrolment No.: 1055/55289/06635 - . S 3 = re 5 = Shaik sg mad es i : ; & S/O Shaik Khasim Peeran Late a = 9/325-B Se = Gulzar Pet i 2 Gulzar Pet = Anantapur : = Anantapur Andhra Pradesh - 515001 j 9849840147 2 = a} 3 g | s = jee ae 2 é Z ES ‘“| s g Signatureyalid go yo FE ihe "Te Do ecard Hoa / Your Aadhaar No. : Es 2602 0212 1173 | VID : 9111 2026 2779 0795 SP e280, i AP MoGosy _.

¶160

_ INFORMATION

¶161

= Aadhaar is a proof of identity, not of citizenship. a haces peaaey, i i authenticate i online. i 3 This is electronically generated letter.

¶162

@ esc6 Asmvodser sdrGodaccod .

¶163

B eord SOAS Qevebs, vaio Haves Rdew woddados® asFos Sceho0A .

¶164

® Aadhaar is valid throughout the country.

¶165

@ Aadchaar will be helpful in availing Government and Non-Government services in future. £

¶166

2602 0212 1173 ¥iD : 9111 2026 2779 0795

¶167

ar escrd, xP MoG02

¶168

‘ Address: S/O Shaik Khasim Peeran Late, 9/325-B, Gulzar Pet, Gulzar Pet, Anantapur, = aaetie Prideshs - 515001 2602 0212 1173 VID : 9111 2026 2779 9795 = pms heip et umai gov.in

¶169

.

¶170

22

¶171

IN THE HIGH COURT OF JUDICATURS At BOMBAY

¶172

ORDINARY ORIGINAL CIVIL JURISDICTIC’. IN ITS COMMERCIAL DIVISION

¶173

COMM. IP SUIT NO. 226 OF 2024 SUIT FOR INFRINGEMENT OF TRADEMARKS AND FOR PASSING OFF ACT CODE NOS. 87 CATEGORY CODE NOS. 1017

Asian Paints Limited

jo. Paine

Wise

Shaikh Mohammad Mustafa }... Detonount

¶178

CONSENT UPR AMS Dated this 25 day of Apri 5 2025

¶179

VINOD A. BRAGAT Advocates for the Plaintiff C/o. Arjun T. Bhagat & Co. Advocates fer ihe Plaintiff. 132/1, Shaheen Apartments, Mody Street, Fort, Mumbai — 400 601. Tel: (91-22) 22696729/27693717/1 8 Email: legaliostbhaestandco.com Enrollment No. MA : H/ 4 03/ 1990

Asian Paints Limited v. Shaikh Mohammad Mustafa

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Asian Paints Limited v. Shaikh Mohammad Mustafa

Case brief

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