Landmark Trademark Case Judgement

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Bombay High Court
First Appeal No.1076/20 vs Aged 26 Years, Occ. : Business on 6 March, 2012
Bench: A. B. Chaudhari
1 fa1076.11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.1076/2011
APPELLANT :- Dhiraj Dharamdas Dewani, Aged 26 years, Occ. : Business,
Proprietor M/s Dewani Soft Inc. Office situated at 303, 3rd Floor, Panjwani
Market, Teen Nal Chowk, Itwari, Nagpur.
...VERSUS...
RESPONDENTS:- 1. M/s Sonal Info Systems Pvt. Ltd. through its Directors.
1a) Suresh Mansukhlal Bothra, aged adult, Occupation Business,
Director Sonal Info Systems
Private Limited.
1b) Usha Suresh Bothra, Aged adult,
Occupation business, Director
Sonal Info Systems Private Limited.
1c) Jatanbai Mansukhlal Bothra,
Aged adult, Occupation business,
Director Sonal Info Systems
Private Limited.
Directors (1a to 1c) c/o Office at G-1, Ganga Apartment, Gharpure
Ghat, Ashok Stambh, Nasik-422002.
Nos. 1a to 1c R/o Ridhi Siddhi
Apartment, Indankat, Panchavati,
Nasik 422131.
----------------------------------------------------------------- [Shri U.N. Vyas, Adv. for appellant]
[Shri K.V. Deshmukh, Adv. for respdt. nos.1 (a) to (c)] ----------------------------------------------------------------- CORAM : A.B. CHAUDHARI, J.
Date of reserving the judgment : 27.01.2012 Date of pronouncing the judgment : 06.03.2012 2 fa1076.11.odt
J U D G M E N T
1. Heard. Admit. Taken up for final disposal with the consent of the learned Counsel for the rival parties.
2. This appeal was taken up for final disposal with the consent of the Counsel for the rival parties in view of the fact that application under Order VII Rule 11 of the Code of Civil Procedure filed by the respondent/defendant was allowed and consequently, the appellant contended that he stands without any remedy.
FACTS
3. The appellant is the original plaintiff, who filed Special Civil Suit No.3/2010 in the Court of District Judge 5, Nagpur under Section 60 of the

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