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Try out our Premium Member services: Free for one month and pay only if you like it. AGP, for the Respondent s No. The said property is situated at room No. Chartoda Kabrastan, Gomtipur, in T.
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Try out our Premium Member services: Free for one month and pay only if you like it. AGP, for the Respondent s No. The said property is situated at room No. Chartoda Kabrastan, Gomtipur, in T. Scheme No. As per the say of the present petitioner that the said property is a tenanted property of the petitioner with a monthly rent of 6. It is also say of the present petitioner that he has paid rent upto It is further contended by the petitioner that on He has also filed a complaint before the police on It is also the say of the present petitioner that Civil Suit is also pending before the Civil Court and no injunction is granted by the Court in favour of the present respondent and against the present petitioner.
Heard learned counsel Mr. Shelat for the petitioner and learned counsel Mr. Samir Khan for the respondent and also heard Mr. Pujara for AEC Company. Learned counsel Mr. Shelat has submitted that when the question regarding the possession is not in dispute and even rent receipt is, prima-facie, established and that he is legal tenant of the said premises.
He has further drawn attention regarding the stand of the Electric Company and contended that Electric Company is also ready to supply the electric connection to the petitioner, but, the respondents are opposing and creating hurdles. He has prayed that present petitioner, who has prima-facie case and he is required to be protected.
Pujara fairly submitted that Electric Company has no objection and they are ready to provide electric supply to the present petitioner. It is also a say on behalf of Electric Company that they have no objection for installing the power in the premises of the petitioner.
He has also contended that the relatives of the petitioner are causing obstruction when the staff of the respondent No. AGP Mr. Shah appearing on behalf of the State has fairly submitted that when the Electric Company is ready to supply the electric connection, then State has no objection to the same.
Even Police Inspector, Gomtipur-respondent No. In view of above, respondent Nos. Police Inspector, Gaumtipur is directed to arrange Police Surveillance at the request made by the present petitioner.
With this observation, the petition is disposed of. Direct service is permitted.
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Single Judge Bench of Bombay High Court refused to grant the interim injunction for passing-off in favor of Torrent and against Wockhardt. The said order was challenged before the Division Bench, the same was set aside and Torrent was granted interim injunction for passing-off. Classical Trinity of Passing Off There 3-elements which are to be satisfied to prove a case of passing off are: The Court held “that though passing off is, in essence, an action based on deceit, fraud is not a necessary element of a right of action, and that the defendant’s state of mind is wholly irrelevant to the existence of a cause of action for passing off, if otherwise the defendant has imitated or adopted the Plaintiff’s mark”. Likelihood of damages is sufficient. The bench quoted the judgment in Laxmikant V.
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