Jiva Institute Of Vedic Science & … vs The Indian Hotels Company Limited … on 4 December, 2015

I.A. No.24311/2015 (u/o VI R.17 CPC, by plaintiffs)

1. The plaintiffs filed the suit for permanent injunction restraining
infringement of trademark JIVA, passing off, acts of unfair competition
as well as for damages/rendition of accounts and delivery up.
2. By order dated 17th October, 2006, this Court passed the ex
parte ad-interim injunction restraining the defendants from adopting
and/or using the trademark JIVA or any other mark identical or
deceptively similar to the trademark JIVA. The operative portion of
the said order is as under:-
3. The said order was challenged by the defendants before the
Division Bench of this Court by filing of an appeal being FAO(OS)
No.44/2007. After hearing, by order dated 30th May, 2008, the
Division Bench modified the ex parte injunction granted by the learned
Single Judge and also directed the defendants to maintain true and
correct accounts of its income and expenditure relating to the spas and
file the same in this Court every six months. The operative portion of
the said order is as under:-

Source: Indian Kanoon

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