M/S. Maya Appliances P L v. Elica Pb India P L
O.A.Nos.1147 & 1148 of 2017 and A.No.7319 of 2017 in C.S.No.893 of 2017 O.A.Nos.1147 & 1148 of 2017 and A.No.7319 of 2017 in C.S.No.893 of 2017 Dr.G.Jayachandran, J.
The suit is filed alleging infringement of design. The plaintiff in the suit, who is the applicant in all the three applications, wherein, these interlocutory applications are taken out for ad interim injunction restraining the respondents men and agents from any manner (i) infringing the plaintiff's right in design (ii) passing off (iii) appointment of Advocate Commissioner to inspect and seized the infringing models.
2. On 16th November 2017 when the matter was came up for admission, this Court has passed the following order:
"That the respondent herein be and is hereby directed to file statement of accounts for the frameless products sold every month from the date of filing of the suit and the statements shall be filed periodically on or before 7th of every month after service on the learned counsel for the applicant until further orders.
2. That the applicant/plaintiff herein shall comply with Order 39 Rule 3 C.P.C within three weeks and private notice be permitted."
1/2 http://www.judis.nic.in
O.A.Nos.1147 & 1148 of 2017 and A.No.7319 of 2017 in C.S.No.893 of 2017 Dr.G.Jayachandran, J.
rpl
3. Considering the nature of the rival submissions and the present stage of the suit, which is now ripe for trial the above order made absolute.
4. Accordingly, these applications are closed. 10.12.2019 rpl O.A.Nos.928 & 929 of 2017 and A.No.5724 of 2017 in C.S.No.734 of 2017 2/2 http://www.judis.nic.in