Grindwell Norton Limited v. Preetham Reddy

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 233 OF 2025 WITH INTERIM APPLICATION NO. 2007 OF 2025 Grindwell Norton Limited ...Plaintiff

Versus

Preetham Reddy ...Defendant WITH LEAVE PETITION (L) NO. 34392 OF 2023 WITH COURT RECEIVER'S REPORT NO. 50 OF 2024 _______ Mr. Rohan Lopes a/w Mr. Karan Khiani i/b Rashmi Singh for Plaintiff. Mr. Saurabh Tyagi (through V. C.) a/w Seema Pighe for Defendant. Mr. Deepak Bhalerao, Second Assistant to Court Receiver, present. _______

CORAM

:

ARIF S. DOCTOR, J.

th OCTOBER 2025 DATE :

P.C.

1.

Learned counsel for the Defendant today tenders a copy of the undertaking given by Defendant Nos.1 & 2 which inter alia records as follows: "4. That pursuant to the directions of this Hon'ble Court, we hereby give our unconditional undertaking that we will not, in future, use, manufacture, or sell, the products bearing the impugned trademarks and

2/3 labels "ALKON"

and "ZIRKON"

, or any artworks, packaging, trade dress, overall get-up, colour scheme, layout, or other distinctive elements identical or deceptively similar thereto / , including ALKAN, ZIRKAN or any other objectionable variations thereof, which are the subject matter of the aforesaid Commercial IP Suit and the connected Contempt Petition.

5. That we further undertake that we will not, in future, manufacture or sell the products bearing the trademarks "ALKAX XTRA POWER" or any other mark for which we have been restrained to manufacture or sell.

6. That we state that this undertaking is given voluntarily and out of my free will, without any pressure, coercion, or undue influence, and with full understanding of its legal consequences.

7. That we undertake to remain bound by this solemn assurance and understand that any breach or violation of the same shall render me liable for appropriate legal action, including for contempt of this Hon'ble Court." 2.

The same is accepted and taken on record.

3.

Learned counsel for the parties also submit that the parties are attempting to be amicably resolve their disputes and differences and thus requests, the matter be stood over beyond vacation for filing consent terms.

3/3 th November 2025 'for filing consent terms'.

4.

Stand over to 4 5.

Ad-interim relief, if any granted earlier, shall continue to operate till the next date.

(ARIF S. DOCTOR, J.)