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Bombay High CourtIA/245/2025disposed off

Hygienic Research Institute Private Limited v. Chandan And Shah Trading Llp

2025-03-05Hon'Ble Shri Justice Manish Pitale1 pages

902.IA.245.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 245 OF 2025 IN COMMERCIAL IP SUIT (LODGING) NO. 32628 OF 2024 Hygienic Research Institute Private Limited ...Applicant

IN THE MATTER BETWEEN:

Hygienic Research Institute Private Limited ...Plaintiff

Versus

Chandan and Shah Trading LLP & Anr.

...Defendants ***  Mr. Hiren Kamod a/w Mr. Ramesh Gajria, Ms. Deepa Hate, Ms. Raina Gajria and Mr. Prem Khullar i/b Gajria & Co.,for the Applicant / Plaintiff.  Mr. Pranshul Dubey i/b Haseena Khan, for Defendants. SHRIKANT SHRINIVAS MALANI SHRIKANT SHRINIVAS MALANI Date: 2025.03.05 16:44:06 +0530 *** CORAM : MANISH PITALE, J.

DATE : 05th MARCH, 2025.

P. C. :

1.

By a separate order today, this Court has allowed Interim Application No.245 of 2025, granting interim reliefs in favour of the applicant/plaintiff in terms of prayer clauses (a) and (b). The learned counsel for the defendants prays for stay of the order for a period of two weeks on the ground that defendants have been using the impugned mark since 2018. The prayer is vehemently opposed on behalf of the plaintiff. 2.

The prayer for stay is rejected in the light of the findings rendered by this Court that the defendants have dishonestly embarked upon using the impugned trademark.

(MANISH PITALE, J.) Shrikant Malani