The case involves a dispute between Maitri Enterprise and Uma International over trademark infringement. The plaintiff, Uma International, alleged that the defendants, Maitri Enterprise, were manufacturing and exporting counterfeit products bearing the mark "OBAMA," which infringed upon the plaintiff's trademark. The plaintiff obtained an ex-parte ad-interim order from the court, leading to the seizure of the impugned goods by the court receiver. The defendants filed an interim application seeking the vacation, setting aside, variation, and modification of the ex-parte ad-interim order, as well as permission to sell the impugned goods or export them under certain conditions.

Court: High Court of Judicature at Bombay
Jurisdiction: Ordinary Original Civil Jurisdiction
Date of Decision: June 22, 2023

Procedural History:
The plaintiff obtained an ex-parte ad-interim order on September 7, 2022, which resulted in the seizure of the impugned goods by the court receiver. Subsequently, the court granted the plaintiff's superdari application, handing over the seized goods to the plaintiff under the supervision of the court receiver. The defendants filed the present interim application, seeking the vacation, setting aside, variation, and modification of the ex-parte ad-interim order and the subsequent superdari order.

Issues Presented:

• Whether the defendants were properly represented during the proceedings.
• Whether the ex-parte ad-interim order should be vacated, set aside, varied, or modified.
• Whether the impugned goods should be allowed for sale or export under certain conditions.

Rules of Law:

• The court must consider the material on record to determine whether the ex-parte ad-interim order was justified.
• The court must assess the merit of the defendants' claim that they were not properly represented during the proceedings.
• The court must balance the interests of the plaintiff and its customers when deciding whether to allow the sale or export of the impugned goods.

Analysis and Reasoning:
The court considered the arguments put forth by both parties. The defendants claimed that they were not properly represented in the proceedings because their former advocate was also representing the plaintiff before the Trademark Registry. However, the court found that the objection raised by the defendants was raised for the first time in the present application and lacked substance. The court noted that the defendants' former advocates had appeared before the court on previous dates after being served.

The court also considered the defendants' claim that the impugned goods were not exported and that the ink in the pens would run dry by July 2023. However, the court found that the ex-parte ad-interim order was passed after considering the material on record, including evidence that the impugned products were counterfeit. The court emphasized that allowing the sale of the impugned goods would be detrimental to both the plaintiff and its customers.

Holding and Decision:
The court rejected the defendants' interim application, holding that there was no merit in their claims. The court upheld the ex-parte ad-interim order and the subsequent superdari order, and denied the defendants' request to sell or export the impugned goods.

Implications and Significance:
The court's decision confirms the importance of proper representation in legal proceedings and emphasizes the need to consider the interests of the plaintiff and its customers in cases of trademark infringement. The ruling also highlights the court's reluctance to allow the sale of counterfeit goods, even if certain conditions are proposed.

Conclusion:
The High Court of Judicature at Bombay rejected the defendants' interim application and upheld the ex-parte ad-interim order and subsequent superdari order. The court found that the defendants' claims of improper representation lacked merit and that the impugned goods should not be allowed for sale or export. The decision reaffirms the court's commitment to protecting intellectual property rights and preventing the sale of counterfeit goods.