SKYLINE EDUCATION INSTITUTE INDIA Vs. S L VASWANI

JUDGEMENT

(1.) These appeals are directed against order dated 6.10.2004 passed by the Division Bench of Delhi High Court whereby it dismissed FAO(OS) No. 212 of 2003 preferred by Skyline Education Institute (India) Private Limited (hereinafter referred to as 'the appellant') against the order of the learned Single Judge who refused to restrain Satilila Charitable Society and S.L. Vaswani (hereinafter referred to as 'the respondents') from using the name 'Skyline' as a part of their trading name in relation to their activities in the field of education and/or as a trademark in relation to any printed matter, including the course material, literature, syllabus etc. and partly allowed FAO(OS) No. 213 of 2003 preferred by the respondents insofar as the learned Single Judge directed them not to start any new course similar to the course run by the appellant, namely, graduate and post-graduate courses in Management, Travel and Tourism and further directed them to insert a note in the advertisement etc. that their institute is in no way related to the appellant.

(2.) The appellant is incorporated under the Companies Act. Although, the appellant's main objects, as specified in para 'A' of the Memorandum of Association, are to impart and train in all areas, subjects, fields and disciplines of education, including hospitality, tourism and business management; to act as representative of various foreign educational institutions, universities, organizations, bodies or any other type of institutions for recruiting students and rendering other related services; to establish and run in any part of India, colleges or schools to impart education on such terms and conditions as may be laid down by the Company from time to time but a closer look at the incidental or ancillary objects enumerated in para 'B' and other objects enumerated in para 'C' of the Memorandum of Association shows that the appellant can engage itself in all types of possible business activities.

(3.) Respondent No. 1, Satilila Charitable Society is registered under the Societies Registration Act. It is said to be part of Skyline group of companies/concerns, the details of which are given below: