Asian Paints Limited v. Rajendran Kumaran

18-IA-413-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.413 OF 2022 WITH C.R.R.NO.510/2021 IN COMMERCIAL IP SUIT NO.447 OF 2021 Asian Paints Ltd.

...Plaintiff.

Versus

Rajendran Kumaran ...Defendant.

--- Mr.Vinod Bhagat a/w Ms Prachi Shah i/b G. S. Hegde and V. A. Bhagat for applicant/plaintiff.

None for defendant.

Ms Rekha Rane, 2nd Asstt. To Court Receiver present. --- CORAM :MANISH PITALE, J DATE :13th OCTOBER, 2022.

P. C. :

1.

By an order dated 24.11.2021, this Court granted ex-parte ad-interim reliefs in favour of the plaintiff. The Court Receiver executed the order and report is on record.

2.

Subsequently, leave petition of the plaintiff under Clause XIV of the Letters Patent, was granted. Accordingly, ad-interim relief concerning action of passing off was also granted in favour of the plaintiff. Chitra Sonawane

18-IA-413-2022.doc 3.

Affidavit of service is on record indicating that the defendant has been served in December 2021, but none appears on behalf of the defendant despite service and despite papers being served on him. It is brought to the notice of this Court the subsequent affidavit of service indicating that the defendant was served on 15.2.2022, but the defendant has chosen not to appear.

4.

Heard the learned Counsel for the applicant/plaintiff on the question of confirmation of ad-interim reliefs granted by this Court. 5.

Having heard the learned Counsel for the applicant/plaintiff and on perusal of the material and documents on record, this Court is convinced that the ad-interim reliefs deserve to be confirmed. Accordingly, the adinterim reliefs are confirmed and made absolute. 6.

The application is disposed of.

7.

The Court Receiver stands discharged without passing up of the accounts.

8.

The Court Receiver Report no.510/2021 is also disposed of. (MANISH PITALE, J.) Chitra Sonawane