...for challenging the order dated 27th April 2015 granting leave under Clause XIV of the Letters Patent. 2. Appeal No.95 ...Defendant for challenging the order dated 14thJanuary 2015 granting leave under Clause XIV of the Letters Patent in Suit (L) NO.1067 of .... By the said order, leave under Clause XIV of the Letters Patent was granted. 4 ...

...1. The Petitioners (Original plaintiffs) have filed the above petition for grant of Leave under Clause XIV of the Letters Patent. .../confusion; identify of the marks, etc.]; (v) the evidence/evidentiary inquiry, etc. will also be the same. In this background, it is therefore submitted on behalf of the plaintiffs that ....3. Dr. Veerendra Tulzapurkar, the Learned Senior Advocate appearing for the defendants, has opposed the application seeking grant of leave under Clause XIV ...

...carry on business nor do they have any place of business within the jurisdiction of this Court. In view thereof, the Plaintiffs are, by the present Petition, seeking leave under ...the grant of such leave is necessary to avoid multiplicity of proceedings. It is submitted that once this Court is satisfied that it has jurisdiction in respect of the cause of action for...for infringement of trademark. It is therefore submitted on behalf of the Plaintiffs that this is a fit case to grant leave under Clause XIV of the Letters ...

...G.S. Patel, J.:— The 2 Defendant is present in Court. He is a proprietor of the 1 Defendant. He has agreed to submit to a decree in terms of prayer clause (a). The statement is noted a...made absolute. 3. The Suit is disposed of in terms of prayer clause (a...). 4. In view thereof, the Plaintiff does not press its prayer for damages. 5. The 2 Defendant states that only the packaging of seized and sealed goods will be destroyed...

.... 2. By consent, the Petition for leave under Clause XIV of the Letters Patent is made absolute. 3. The Suit is disposed ...G.S. Patel, J.:— The Advocate for the Defendant is present. She has agreed to submit to a decree in terms of prayer clauses (a) and (d). The statement is noted and accepted.... In view thereof, the Plaintiff does not press its prayer for damages. 5. The Defendant states that only the packaging of seized and sealed goods will be destroyed within a period of...

...S.J. Kathawalla, J.:— The Petitioners have filed the present Suit in this Court on the basis of averments made by the Petitioners in paragraph 43 of the Plaint. By the....2. The Respondent Nos. 3 and 4 have filed their Affidavit in Reply on 13 November, 2017 to the Leave Petition and have opposed the Leave Petition, broadly on the ground that ...High Court being a Chartered High Court, the same should not be considered.5. I have considered the averments made in the Leave Petition, the reply of the Respondents and ...

.... Leave under Clause XIV of the Letters Patent (Bombay) Act is granted. The above Leave Petition is accordingly disposed off....prayer Clauses (a), (c) and (d), the relief in terms of prayer Clause (b) is granted, which is reproduced hereunder:“(b) Pending the hearing and final disposal of the suit, .... Perused the Order dated 16 January, 2019 and Court Receiver's Report dated 2 February, 2019. The Defendants have not only infringed the registered trade mark of the Plaintiff but have also manufactured...

.... 2. The Petition for leave under Clause XIV of the Letters Patent is, by consent, made absolute. 3. The undertakings, if any, i...signed by the parties. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions...to the Court. 4. The Commercial Suit is disposed of in accordance with the Consent Terms. The IA will not survive and disposed of as infructuous. 5. A soft copy ...

...allowed. They are to be carried out within a period of one week without need of reverification. It is not necessary to serve the Defendants with the amended plaint. A copy of the amendment is hand...Affidavit confirming that they have already changed the name of their school and ceased the use of the impugned mark. The Affidavit is taken on file. Mr. Mahadgut has instructions to not press pra...for accounts. This is noted. 4. The Suit is accordingly disposed of accepting these undertakings and granting a decree in terms of prayer clauses (a) and (b) to which the Defendants...

...N.J. Jamadar, J.:— This is a petition for leave under Clause-XIV of the Letters Patent. 2. The Petitioners/Plaintiffs have instituted ...are granted in terms of prayer Clauses ‘a’ ‘b’ ‘d’ and ‘e’ of the interim application in relation to infringement of the plaintiff's trade mark and copyright. By this petition, the Petitioner/Plai...backdrop of the nature of the relief sought in the instant suit, with the leave granted under Clause-XIV, I am satisfied that, this Court shall have jurisdictio...

...N.J. Jamadar, J.:— This is a petition for leave under Clause-XIV of the Letters Patent. 2. The Petitioners/Plaintiffs have instituted ...-interim reliefs in terms of prayer Clauses ‘a’ ‘b’ ‘d’ and ‘e’ of the interim application were passed in relation to infringement of the plaintiff's trade mark and copyright. By this petition, ..., 2021 is filed. 4. None appears for the defendant. 5. In the backdrop of the nature of the relief sought in the instant suit, with the ...

...P.C:This Leave Petition is taken out by the Plaintiff in a trademark infringement and passing off suit, under Clause XIV of the Letters Patent. ...Plaintiff's case of infringement, give rise to the cause of action of passing off, the Plaintiff has prayed for leave under Clause XIV for combining the causes ...Court may well refuse to grant leave under Clause XIV of the Letters Patent. The rationale of this principle is that grant of leave in such a ...

...Application for amendment is on board. The Defendants have been served including with copies of the draft amendments in the Interim Application and the pending Petition for leave under ...combine the cause of action in passing of with the cause of action in infringement. 4. Accordingly, I will allow the Petition under Clause XIV. It is mad.... 6. In view of the leave granted on the Clause XIV Petition there will be a further ad-interim order in terms of prayer clause (c) of the origi...

... nd April, 2013 JUDGMENT: 1.The Petitioners (Original Plaintiffs) have filed the above petition for grant of ...almost all) [e.g. honesty of adoption, likelihood of deception/confusion; identify of the marks, etc.]; (v) the evidence/evidentiary inquiry, etc. will also be the same. In this background, it is ...compelling the Plaintiffs to institute three separate suits. 3.Dr. Veerendra Tulzapurkar, the Learned Senior Advocate appearing for the Defendants, has opposed the application seeking grant of ...

...S.J. Kathawalla, J.:— The learned Advocate appearing for the Defendants on instructions undertakes to file his Vakalatnama on behalf of the Defendants on or before 4 October, 2018. The undert...claiming under them be restrained by an order and temporary injunction of this Hon'ble Court from using the impugned logo shown at Exhibits “M-1” to “M-20” to the plaint and/or any other trade mark/logo...) Act is granted. The above Leave Petition is accordingly disposed off...

...show cause.2. In the premises, Leave Petition No. 169 of 2019 is allowed by granting leave under Clause XIV of the Letters Patent for...dress of the goods. The Plaintiff was permitted to press its application against the newly added Defendants after service of the amended suit and interim application together with the .... There will also be an ad-interim injunction likewise in terms of prayer clause (c) as against all the Defendants. Prayer clause (c) is quoted below:(c) That the Defendant by itself...

...Defendant to show-cause to THE leave petition. The leave petition is allowed in terms of prayer clause -(a).3. Now that leave under Clause XIV...was granted in terms of prayer clause -(a). The leave petition along with the interim application was directed to be served on the Defendant afresh with at least 72 hours notice. The serv..., learned Counsel for the Plaintiff prays for granting of prayer clause -(b) of the interim application, which is a relief in respect of passing off. There will be an ad-interim order in terms ...

...S.J. Kathawalla, J.:— On 3 January, 2019, this Court passed the following order:—1. Perused the Order dated 19th December, 2018 and the report of the Court Receiver dated 1st/3rd ...granted. The above Leave Petition is accordingly disposed off.(ii) In addition to the said order, order in terms of prayer...clause (c) is also granted, which is reproduced hereunder:—“(c) pending the final hearing and disposal of the present suit a temporary order and injunction restraining the Defendants and...

...S.J. Kathawalla, J.:— Heard the learned Advocates appearing for the Plaintif and Defendant Nos. 1, 5, 6 and 7 and the following Order is passed by consent:i. Leave under ...) Act is granted. The above Leave Petition is accordingly disposed of.ii. The above Suit is decreed in terms of prayer...other person claiming through and/or under Defendant Nos. 5, 6 and 7 from infringing the Plaintif's registered trade mark ‘Meena Prints’ bearing registration No. 967504 by the use of the mark ‘Meena's...

...S.J. Kathawalla, J.:— Heard the learned Advocates appearing for the Plaintif and Defendant Nos. 1, 5, 6 and 7 and the following Order is passed by consent:i. Leave under ...) Act is granted. The above Leave Petition is accordingly disposed of.ii. The above Suit is decreed in terms of prayer...other person claiming through and/or under Defendant Nos. 5, 6 and 7 from infringing the Plaintif's registered trade mark ‘Meena Prints’ bearing registration No. 967504 by the use of the mark ‘Meena's...