BISHWANATH PRASAD RADHEY SHYAM Vs. HINDUSTAN METAL INDUSTRIES

JUDGEMENT

(1.) These two appeals on certificate arise out of a common judgment and decree, dated January 18, 1966, of a Division Bench of the High Court of Allahabad. The facts material to these appeals may be set out as under

(2.) M/s. Hindustan Metal Industries, respondent herein, (hereinafter called the plaintiff) is a registered partnership firm carrying on the business of manufacturing brass and German silver utensils at Mirzapur. M/s. Biswanath Prasad Radhey Shyam, appellant herein, (hereinafter called the defendant) is a concern carrying on the business of manufacturing dishes and utensils in Mirzapur.

(3.) On August 8, 1953, the plaintiff instituted a suit for injunction and damages, preceded by a notice served on the defendant on September 9, 1952, in the Court of the District Judge, Allahabad, within whose jurisdiction Mirzapur is situated, with these allegations.