1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.56 OF 2009 IN NOTICE OF MOTION NO.4431 OF 2007 IN SUIT NO.3203 OF 2007 Parle Products Private Limited .. Appellant V/s Parle Agro Private Limited .. Respondent Mr.Iqbal Chagla, Sr.Advocate with Dr.V.V.Tulzapurkar, Sr.Advocate, Mr.Salil Shah, Mr.Ramesh Gajria i/by M/s.Gajria & Co. for the Appellant. Mr.Janak Dwarkadas, Sr.Advocate with Mr.Nishad Nadkarni, Mr.Shailendra Bhandare, Ms.Avantika Mehta i/by M/s.Legasis Partners for Respondents. CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 8TH OCTOBER, 2009. P.C.: By consent of the parties, the appeal is disposed of in the following terms:- 1. The order dated 18.12.2008 passed in the Notice of Motion No.4431 of 2007 is set aside. That motion is remitted back to the learned Single Judge for de-novo consideration and decision in accordance with law. 2 2. During the pendency of the Notice of Motion No.4431 of 2007 the following ad-interim arrangement shall operate:- (i)That the Defendant may continue to sell their products ‘Butter Cup’ and ‘Mintrox’, but shall not use the word ‘Parle’ anywhere else on the wrapper or the container, except that they may state on the wrapper or the container in the same size as that appearing in the sample/ wrapper mentioned in clause (ii) below that the products are manufactured by or for or marketed by Parle Agro Private Limited. (ii)We have taken the wrappers/ labels on record, and on the wrappers which we have seen, presently it is mentioned “For the Parle Agro Private Limited, Regd.Office:Western Express Highway, Andheri (East), Mumbai 400 099”. The Defendant will continue to mention this on the new wrapper but shall not use the word ‘Parle’ anywhere else on the wrapper or the container. (iii) The Respondents have filed an affidavit stating therein that approximately 34 tons of goods are lying packed for despatch in the Respondent’s manufacturers factory, in old containers and old wrappers. They have also stated that they are holding orders of 264 tons of goods at present and all these orders are outstanding. They have given details of outstanding orders Exhibit “C”. It is directed that the Defendants can sale 298 tons of goods which are recorded in 3 affidavit in paragraph 6 (ii)(iii), dated 8th October, 2009 within a period of one week from today. The Respondent however, shall maintain the accounts of the sale of the products and supply those accounts to the Plaintiff together with full details of the orders received for supply of the goods and about the sale of the goods. The sale of these 298 tons of goods with the old wrapper and old container shall be subject to the result of the suit. The Plaintiff is at liberty to seek appropriate relief in respect of these sales at the hearing of the motion. After four days after the expiry of the period of one week as mentioned above the respondent shall file an affidavit disclosing the details of the transaction mentioned above. (iv)This ad-interim arrangement is being made by consent of the parties without prejudice to the rights and contentions of both sides and without any reference to the merits of the rival contentions. (v)It is also made clear that at the hearing of the motion the parties shall not be entitled to claim any equities on the basis of this ad- interim arrangement. (vi)The same arrangement will operate in relation to the products other than the two mentioned above, which are covered by the Registration of the Plaintiffs’ trade marks which are subject matter of the suit. 4 It will be however open to the Respondent to contend any appropriate proceedings that a particular product is not covered by the Registration of the Plaintiffs trade marks. 3. Appeal stands disposed of. (D.K.DESHMUKH,J.) (R.G.KETKAR, J.)