Jawed Habib Hair and Beauty LimitedversusKavita Janki Services Pvt Ltd

2026:BHC-OS:4475

                                                                                    6 IA-4660-2025.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                          IN ITS COMMERCIAL DIVISION

                                      INTERIM APPLICATION NO. 4660 OF 2025
                                                      IN
                                       COMMERCIAL IP SUIT NO. 179 OF 2025

                   Jawed Habib Hair and Beauty Limited             ...Applicant/Plaintiff
                             Versus
                   Kavita Janki Services Pvt Ltd                   ...Respondent/Defendant

                                                ——————
                   Ms. Nidhi Bangera, Mr. B. N. Poojari, Mr. Suresh Poojary, Mr. Rahul
                   Poojari, Ms. Karishma Sawant i/b Legal House for Plaintiff.
                                                ——————

                                                  CORAM : SHARMILA U. DESHMUKH, J.
                                                  DATE    : FEBRUARY 17, 2026


                   P. C. :

                   1.        By order dated 6th January, 2026, this Court had granted ad-

                   interim relief in respect of infringement of trade mark and copyright.

                   The Petition was allowed on 6th January, 2026 and the ad-interim relief

                   granted earlier was continued.

                   2.        Learned    counsel   appearing       for   Applicant    submits     that

                   Respondent has been duly served and the Affidavit of service has been

                   placed on record. She would submit that leave in respect of passing-off

                   be considered and ad-interim relief be made absolute.

                   3.        By order of 6th January, 2026, this Court came to a prima facie


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finding about the proprietary right in the registered trade mark and

the photographs were placed on record showing the Respondent's

establishment continued the use of the Applicant's registered trade

mark and had granted ad-interim relief.

4.       In Paragraph No. 10 of the Plaint, the Applicant has given the

yearwise turnover of franchisee royalty which shows the reputation

and goodwill earned by the Applicant. Considering that the Applicant

has several franchises spread pan India, it is evident that the

Applicant’s trade mark as well as the original artwork has acquired

immense reputation and goodwill in salon services. The Respondent

who is the ex-franchisee of the Applicant by reason of continued use by

way of trade mark as well as the logo/trade name is misleading the

public into believing that the establishment of Respondent is

associated with that of the Applicant and despite the issuance of

cease-and-desist notice has failed to discontinue the use of the mark.

The material on record is prima facie sufficient to demonstrate the

misrepresentation by the Respondent which is likely to cause damage

to the reputation and goodwill of the Plaintiff.

5.       In light of above, prima facie case has been made out for grant of

relief in respect of passing-off in terms of prayer clause (c).

6.       Insofar as the prima facie findings which have been arrived by

this Court on 6th January, 2026 in the absence of any response by the


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Respondent to displace the prima facie findings, there is no reason as

to why the ad-interim relief should not be confirmed as interim relief.

7.       Resultantly, the ad-interim relief granted by order dated 6 th

January, 2026 is confirmed as interim relief.

8.       Interim Application is allowed in terms of prayer clauses (a), (b)

and (c).



                                        [SHARMILA U. DESHMUKH, J.]




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