RASIKLAL MANICKCHAND DHARIWAL vs M/S M.S.S.FOOD PRODUCTS

The Supreme Court examined the legality of an ex parte decree regarding the use of the trademark 'Manikchand' by the defendants, which the plaintiff claimed was deceptively similar to their trademark 'Malikchand' under the Trade Marks Act, 1999. The Court held that the trial court's ex parte decree was improper as it did not consider the defendants' claims adequately, emphasizing the necessity of fair hearing principles under Article 21 of the Constitution. Consequently, the Court set aside the decree and remanded the matter for fresh consideration by the trial court.