PIZZA HUT INC USA Vs. PIZZA HUT I

JUDGEMENT

(1.) The petitioner has filed a suit, Civil Suit No. 3703 of 1994 before the High Court of bombay against respondentno. 1 herein, wherein the petitioner has prayed for an injunction restraining the respondent by themselves, their servants and agents and licensees from using the word/mark "pizza Hut" or "pizza Hut Logo" in relating to its restaurant business and products so as to pass off the same as and that of the petitioner and for other reliefs. Prior to the filing of that suit the respondents herein had filed a suit, Suit No. 19-A of 1994, against the petitioner in the Court of III Additional Judge to the Court of District Judge. Indore for an injunction restraining the petitioner its Directors, etc. from carrying on any restaurant business under or by reference to the service mark "pizza Hut". Since many of the questions which arise for consideration in the two suits are common, we are of the view that it would be in the interest of justice that both the suits are tried together by the same Court. Having regard to the facts and circumstances of the case, we are of the opinion that it would be appropriate that Suit No. 19-A of 1994 filed by the respondents which is in the Court of III additional Judge to the Court of District Judge, Indore titled Pizza Hut (India) Pvt. Ltd. v. Pizza Hut Inc. is transferred to the Bombay High Court for being tried along with Civil Suit no. 3703 of 1994 filed by the petitioner.

(2.) The transfer petition is, therefore, allowed and it is directed that Suit No. 19-A of 1994 titled Pizza Hut (I) Pvt. Ltd. and Anr. v. Pizza Hut Inc. pending in the Court of III Additional judge to the Court of District Judge, Indore be transferred to the Bombay High Court to be heard along with Civil Suit No. 3703 of 1994. No order as to costs. Petition allowed