Midas Hygiene Industries Private Limited v. Ram Dev Industries And ANR.

by Prajakta S.

Vartak Date: 2020.12.19 13:42:30 +0530 Prajakta S. Vartak 8-lpetnl 98-20 in comipl 293-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION (L.) NO.98 OF 2020 PETITION NO.58 OF 2020 IN COMIP SUIT (L.) NO.293 OF 2020 Midas Hygiene Industries Private Limited ...Plaintiff

Versus

Ram Dev Industries & Anr.

...Defendants --- Mr.Hiten Kamod with Mr.B.N. Poojari, Mr.Rahul Poojari, Ms.Srishti Poojari, Ms.Nidhi Bangera and Mr.Prem K. i/b. Asian Patent Law for Plaintiff. None for Defendants.

CORAM : G.S.KULKARNI, J.

DATED : DECEMBER 18, 2020.

P.C. :

1.

This petition is filed for leave under Clause XIV of the Letters Patent.

2.

The learned Counsel for the petitioner states that the proposed suit is filed for infringement as well as passing off the registered trademarks and other trademarks of the petitioner/plaintiff, by the respondents/ defendants.

3.

Since there is a combined cause of action for infringement and passing off, necessary leave under Clause XIV of the Letters Patent has been sought. Having perused the petition, I am satisfied that the case has been made out for grant of leave under Clause XIV of the Letters Patent. Accordingly, leave is granted under Clause XIV of the Letters Patent. The petition is made absolute.

4.

Assistant/Private Secretary of this court. All concerned will act on production (G.S.KULKARNI, J.) Prajakta Vartak 1/1