Freudenberg Gala Household Product Pvt Ltd v. Suresh Kumar A Proprietor Of B D Brush Art

17-IA-435-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 435 OF 2025 IN COMMERCIAL IP SUIT NO. 361 OF 2024 Freudenberg Gala Household Product Pvt Ltd ...Applicant/ Plaintiff

Versus

Suresh Kumar A Proprietor Of B D Brush Art And Ors.

...Defendants ------ Mr. Hiren Kamod a/w Mr. Prem Kulhar, Mr. Prashant Shetty, Dr. Mohan Dewan, Mr. Aditya Chitale, Mr. Sumedh Ruikar i/b RKDewam Legal Services, for the Plaintiff.

Mr. Kirpekar a/w Mr. Susmit Phatale, Mr. Somanath Kale, Mr. Ayush Tiwari i/b Susmit Phatale, for the Defendant No. 1.

Ms. Hetal Patel a/w Mr. Hemanshu Vyas, Mr. Suraj Shetye, for the Defendant No. 2.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : March 26, 2026 P. C. :

1.

Learned counsel for the Defendant Nos. 1 and 2 submits that the Defendants do not intend to market the Plaintiff's products which are stated to be counterfeit goods by the Plaintiff. 2.

By order dated 14th June, 2024, this Court had already granted ad-interim relief in terms of prayer clauses (a), (b) and (c) against the Defendant and in so far as the prayer of disclosures is concerned, the Arya

17-IA-435-2025.doc same was granted against Defendant Nos. 2 and 3 to 5. 3.

Learned counsel for the Defendant No. 2 submits that in compliance with the said order, the affidavit of disclosure has already been filed.

4.

In light of the submissions of learned counsel for the Defendant Nos. 1 and 2 that they do not intend to trade in the products bearing the impugned mark, ad-interim relief in terms of prayer clauses (a), (b) and (c) are confirmed as interim relief.

5.

Interim Application is allowed.

[SHARMILA U. DESHMUKH, J.] Arya