Shree Mathangi Textiles Pvt. Ltd. v. Shree Krishna Jawliis

O.A.No.922 of 2023 in C.S.(Comm. Div.) No.259 of 2023 ABDUL QUDDHOSE.J., Shree Mathangi Textiles Pvt. Ltd.

... Applicant Vs.

Shree Krishna Jawliis ... Respondent ***** This application has been filed by the plaintiff seeking interim injunction to restrain the respondent / defendant from selling or distributing the lungis of the applicant / plaintiff by using their registered trademark "VSG" and "Nandu". The learned counsel for the plaintiff would now submit on instructions that the plaintiff has no objection for the defendant dealing with the trademark "VSG" and "Nandu", since they claim that they have purchased the lungis only from the authorized distributor of the plaintiff. The only grievance left for the plaintiff now as seen from the submissions made by the learned counsel for the plaintiff during the course of his submissions is that the defendant is tampering with the QR code and the MRP price while selling the lungis manufactured by the plaintiff under 1/4

the trademark "VSG" and "Nandu".

2. The learned counsel for the defendant on instructions would submit that the defendant has not tampered with the QR code, MRP price of the plaintiff as claimed by the learned counsel for the plaintiff. He submits on instructions that the defendant in the near future shall print the store retail price alone and in future they shall not print two prices as disclosed in the sample lungis placed before this Court today.

3. The learned counsel for the defendant on instructions would submit that in future while printing the label of the defendant, the defendant shall disclose only one retail price and not two retail prices as shown in the sample lungis which has been placed before this Court, today. The undertaking given by the defendant that they are not tampering with the QR code of the plaintiff and in future they shall disclose only the store retail price of the defendant is recorded. The learned counsel for the plaintiff on instructions is satisfied if the undertaking given by the defendant as stated supra is recorded and based on the said undertaking, this application can be closed. After recording the aforesaid undertaking, this application is closed. 2/4

If required, the defendant is permitted to print their Bar Code for the purpose of selling their products at their price. 06.12.2023 ab 3/4

ABDUL QUDDHOSE.J., ab O.A.No.922 of 2023 in C.S.(Comm. Div.) No.259 of 2023 06.12.2023 (2/2) 4/4