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CA/13597/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 13597 of 2009
In
SPECIAL
CIVIL APPLICATION No. 8630 of 2009
=========================================================
GENERAL
CO OP BANK LTD (IN LIQUIDATION) & 1 - Petitioner(s)
Versus
MAC
REMEDIES PVT LTD & 4 - Respondent(s)
=========================================================
Appearance :
MR
DIPAK R DAVE for
Petitioner(s) : 1 - 2.
MRPAMEHD for Respondent(s) : 1 - 2.
None
for Respondent(s) : 3 - 4.
GOVERNMENT PLEADER for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 05/02/2010
ORAL
ORDER
The
present application has been preferred by the petitioners for
vacating of the interim order.
The
contention on behalf of the petitioners is that the interim order
of status quo could not mean continuation of the use of trademark
and logo by the original petitioners.
Whereas
the contention of the learned counsel for the original
petitioners is that this Court having consciousness of the fact
that the trademark and logo is being used by the original
petitioners, ordered for status quo and therefore, only transfer or
alienation of such trademark or logo is prohibited and the use is
not prohibited.
Even
if the contention is to be examined of either side, it may result
into modifying the earlier order passed by this Court (Coram:
Anant.S. Dave, J.) on 17.09.2009 in the main Special Civil
Application.
Hence,
it would be just and proper if the matter is placed before the same
bench. Office to place the matter before the bench after obtaining
suitable orders of the Honourable Chief Justice on administrative
side.
(JAYANT PATEL, J.)
*bjoy
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