At, Supreme Court of India
By, THE HONOURABLE MR. JUSTICE L. NAGESWARA RAO & THE HONOURABLE MR. JUSTICE HEMANT GUPTA
For the Petitioners: Basant R., Sr. Advocate, Nikhilesh Kumar, Akshay Sahay, K.N. Rai, Advocates. For the Respondent: Bina Madhavan, M/s. Lawyers Knit Co., Advocates.
2. The respondent filed a suit for infringement of Trade Mark, passing off etc. against the appellants before the District Court, Pune, of the Trade Mark "Zenovit".
3. After hearing the parties, the District Judge dismissed the application filed for interim relief. The respondent filed an appeal against the said order before the High Court. The High Court by an order dated 6.12.2019 granted interim relief in terms of prayer in clause 6(i), (ii) and (iii).
4. The prayers in Clauses (i),(ii) and (iii) are as follows:
(i) Pending the hearing and final disposal of this appeal, this Hon'ble court be pleased to quash and set aside the impugned order dated 11.01.2018 passed by the Ld. Adhoc District Judge-5, Pune and pass an order of injunction restraining the Defendants by themselves jointly and severally, and/or their servants, agents, representatives and/or any person(s) claiming under or through them from infringing the Appellants (Plaintiff) trademark "ZENOVIT" under registration No.506720 in class 05 at Exhibit-1 to the plaint by adopting and/or in any manner using the mark "ZENOVIT" or any mark deceptively similar thereto, and/or colourable imitation of the registered trademark "ZENOVIT" as trademark or otherwise in respect of medicinal and/or pharmaceutical preparations or similar goods.
(ii) Pending the hearing and final disposal of this appeal, this Hon'ble Court be pleased to quash and set aside the impugned Order dated 11.01.2018 passed by the Ld. Adhoc District Judge-5, Pune, pass an order directing the respondents/(defendants) to render to the Appellant/ (Plaintiff) a true and correct inventory of stock, including batch numbers and manufacturing dates of medicinal preparations or similar goods bearing or intended to bear the mark "ZENOVIT" together with used and/or unused packaging materials, unused product information catalogues and booklets and any other material bearing the mark "ZENOVIT" or any reproduction of the registered trademark "ZENOVIT".
(iii) Pending the hearing and final disposal of this appeal, this Hon'ble Court be pleased to quash and set aside the impugned order dated 11.01.2018 passed by the Ld. Adhoc District Judge-5, Pune, and pass an order directing the
respondents/(Defendants) to deliver up to the Appellant/(Plaintiff) for destruction all medicinal or pharmaceutical preparations or similar goods, wrapped or unwrapped with packaging material bearing the trademark "ZENOVIT" and, unused packing material and product information catalogues, booklets and other materials bearing or containing any reproduction of offending trade mark "ZENOVIT" being used by the Respondents/(Defendants).
5. No reasons have been given
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by the High Court for passing the impugned order. The order of 06.12.2019 is set aside and the High Court is requested to hear Civil Application No.330 of 2019 afresh and pass a reasoned order. 6. The appeal stands disposed of accordingly. Pending application, if any stand disposed of.