LAXMIKANT V PATEL Vs. CHETANBHAT SHAH

JUDGEMENT

(1.) The plaintiff, feeling aggrieved by the orders of the learned Trial Judge and the High Court of Gujarat, refusing his prayer for the grant of ad-interim injunction has filed these special leave petitions.

(2.) Leave granted.

(3.) According to the plaintiff, he started the business of colour lab and studio in the year 1982 in Ahmedabad, in the name and style of Muktajivan Colour Lab and Studio and is using the name since 1982 openly, extensively and to the knowledge of everyone concerned. The high quality of services rendered by the plaintiff to his customers has earned a reputation and developed a goodwill associated with the trade name Mukhtajivan Colour Lab. In order to develop his business the plaintiff has promoted his wife Radhaben to open a new colour lab in the name and style of Muktajivan Colour Studio at two other localities of Ahmedabad - one, at H. J. House, next to Maninagar, and two, at Nandanbaug Shopping Centre, Nava Vadaj. At the latter place the business is being run in the partnership of Radhaben, the wife of the plaintiff and her brother, Karsan Manji Bhutia. The plaintiff has expanded his business by incurring substantial expenditure on advertisement and by incorporating the word 'Muktajivan' in all stationery materials, letter-heads, invoices, albums, hoardings, sign-boards etc. The defendant No. 1 who was carrying on similar business in the name and style of 'Gokul Studio' is intending to commence business through his wife, the defendant No. 2 by adopting the name and style of Muktajivan Colour Lab and Studio.