Royal Trading Company v. Royal Plast

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1061 OF 2026 IN COMMERCIAL IP SUIT (L) NO. 26249 OF 2024 Royal Trading Company And Anr.

...Applicants

IN THE MATTER BETWEEN

Cello Plastic Industrial Works And Anr.

...Plaintiffs

Versus

Royal Plast And Ors.

...Defendants ------ Ms. Dishita Shah a/w Ms. Priyanka Prabhakar i/b ANM Global Inc, for the Plaintiffs.

Ms. Megha Chandra a/w Ms. Udita Chavan i/b Mr. Vikramaditya Chavan, for the Applicants.

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

DATE : May 06, 2026 P. C. :

1.

Interim Application has been preferred seeking permission to allow the Applicants, who are the original Defendants to de-seal the goods and permit the original Defendants to deface the infringing mark from the goods and replace the same with the house mark of the original Defendant.

2.

Learned counsel for the Applicant submits that pursuant to the

ad-interim order passed by this Court, the goods were seized by the Court Receiver. She submits that the Applicant who is the Defendant does not intend to use the infringing mark and that they will deface the infringing mark from the goods which are seized and sealed in their premises. She tenders a sample photograph showing the removal of embossed logo. She submits that the entire exercise can be carried out in the presence of the Plaintiff's representative. 3.

Learned counsel for original Plaintiff has no objection, provided the removal of the infringing logo is done in the presence of the Plaintiff's representative. As the Applicant/original Defendant is located in Gujarat, let the Additional Special Receiver remain present for the purpose of de-sealing the seized goods which will then be handed over to the Defendants in the presence of the Plaintiff's representative and the infringing marks will be erased in the presence of the Plaintiff's representative.

4.

The entire cost of the Additional Special Receiver to be borne by the Defendants. Additional Special Receiver to revisit the Defendant's premises within a period of 2 weeks at mutually agreed date, on which date the Additional Special Receiver to de-seal the seized goods. Thereafter, the process of removal of the infringing mark in the presence of the Plaintiff's representative to be carried out. A report as regards the desealing and handing over of the seized goods to the

Defendant to be filed in the Court on the next date. 5.

Interim Application is allowed in the above terms. 6.

Stand over to 18th June, 2026 under the caption for 'directions'. [SHARMILA U. DESHMUKH, J.]