SRI LAXMI BALAJI INDUSTRIES Vs. LAKSHMI VENKATESHWAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondent.

(2.) The present petition is filed invoking writ jurisdiction under Articles 226 and 227 of the Constitution of India praying this Court quash the order dtd. 30/3/2013 passed on I.A.No.VII in O.S.No.3/2012 by the Principal District Judge at Ballari vide Annexure-J and consequently allow the same and as a result further proceedings in O.S.No.3/2012 be stayed pending disposal of the rectification proceedings before Registrar of Trademarks, Chennai and grant such other reliefs as deemed fit in the circumstance of the case.

(3.) The petitioners while seeking a writ of certiorari contended that few partners of the petitioners began the business of manufacturing and supplying rice produces in the year 1993 under the name and style of 'M/s. Sri Raghavendra Agro Agencies', under the brand name 'R Gold'. Thereafter, in the year 1998, 'M/s. Sri Raghavendra Agro Agencies', introduced a new product 'Sortex Silky Rice' under the brand name 'Swamy Ayyappa Gold'. Two different partnership firms were formed namely 'Sri Laxmi Balaji Industries' and 'Sri Laxmi Vinayaka Rice Industries' in the year 1998. Application was filed by the petitioner for registration of trademark 'Swamy Ayyappa Gold' and 'Image/Device of Lord Ayyappa' before the Registrar of Trademarks, Chennai in Application No.1973803 and No.1474317 in the year 2010.