Friday Dec 13, 2024
Friday Dec 13, 2024
Monday, 23 December 2019 01:46 - - {{hitsCtrl.values.hits}}
By S.S. Selvanayagam
Commercial High Court vacated the Enjoining Order issued against the Defendants Uni Lanka Traders and Dharshan Lanka Global Ltd. preventing them from using the words ‘Dharshan Sapthami’, ‘Dharshan Mangalam’, ‘Dharshan Life’ in respect of incense sticks and from using the getup and trademark.
High Court Judge Ratnapriya Gurusinghe vacated the ex parte Enjoining Order issued on 20 July 2018.
The partners of Dharshan International namely Thambi Srinivas, Ashok Thambi Srinivas and Harsha Thambi Srinivas from Bangalore, India at the first instance instituted action against Uni Lanka Traders and Dharshan Lanka Global and obtained ex parte Enjoining Order preventing Uni Lanka Traders and Dharshan Lanka Global from using the words ‘Dharshan Sapthami’, ‘Dharshan Mangalam’, ‘Dharshan Life’ and from using the getup and trademark.
Uni Lanka Traders and Dharshan Lanka Global filed its objections that Dharshan International had obtained an ex parte Enjoining Order suppressing vital and material facts particularly in regards to the formation of the new company namely Dharshan International Ltd. upon Ashok Thambi Srinivas and Harsha Thambi Srinivas resigning as Directors of Dharshan Lanka Global.
Having heard the submissions made by both counsels, court refused to extend the ex parte enjoining order and refused the application for Interim injunction.
Thishya Weragoda instructed by Neelakandan & Neelakandan appeared for the Plaintiffs. Harsha Amarasekara PC with Niranjan Arulpragasam and Sachindra Sanders instructed by G.G Arulpragasam appeared for the Defendants.
