PETROFER CHEMIE H.R. FISCHER GMBH AND CO. KG., AND ANR. vs UNITED PETROFER LIMITED

Judgment text excerpt

1/44 901-IA-2143-2021.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by ORDINARY ORIGINAL CIVIL JURISDICTION MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date: 2025.11.10 14:46:14 +0530 IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 2143 OF 2021 IN COMMERCIAL IP SUIT NO. 275 OF 2021 1. Petrofer Chemie H.R. Fischer GMBH & Co. KG. A Company incorporated under the laws of Germany having its office at Romerring 12-16, 31137, Hildesheim, Germany. 2. Hardcastle Petrofer Private Limited, A Company incorporated under the Companies Act, 1956, having its registered office at Office No.802, Floor-8, Plot – 213, Raheja Chambers, Free Press Journal Marg, Nariman Point, Mumbai – 400 021. ...Applicants/Plaintiffs Versus 1. United Petrofer Limited, A Company incorporated under the Companies Act, 2013, having its registered office at Survey No.92, Block -A, B, C, Illaxy Compound, Opp. Navin Flourine, Bhestan, Surat - 395, 023, Gujarat. ...Defendant _______ Dr. Veerendra Tulzapurkar a/w Mr. Ashutosh Kane, Ms. Amruta Thakur, Ms. Archita Gharat i/b W. S. Kane & Co., for the Applicants/Plaintiffs. Mr. Amit Padwal a/w Ms. Afrin Dalal, Ms. Aafreen Bano i/b Mr. Bahraiz Irani, Meera Jadhav 2/44 901-IA-2143-2021.DOC for the Defendant. _______ CORAM : ARIF S. DOCTOR, J. RESERVED ON : 17th OCTOBER 2025 PRONOUNCED ON : 6th NOVEMBER 2025 JUDGMENT :- 1. The Applicants/Plaintiffs have, by way of the captioned Interim Application, sought the following reliefs: “(a) that pending hearing and final disposal of the suit, the Defendant by itself, its directors, employees, servants, agents, dealers, stockists, distributors, licensees and all persons claiming under it be restrained by an order and temporary injunction of this Hon'ble Court from infringing the Plaintiffs registered trade mark PE