DELHI PUBLIC SCHOOL SOCIETY Vs. DELHI PUBLIC SCHOOL

JUDGEMENT

(1.) THIS suit is at the stage of framing of issues after the parties admitted and denied their respective documents. Learned counsel were heard on the question of maintainability of the suit.

(2.) THE plaintiff (hereinafter called DPS) seeks permanent and mandatory injunction and a decree of rendition of accounts against the defendant alleging that latter has unauthorisedly and contrary to law sought to appropriate and use the DPS style associated with it (the plaintiff). The suit averments are that the plaintiff society was registered in 1948, with the object of establishing progressive schools or other educational institutions in Delhi or its vicinity, accessible to all regardless of any distinction in caste, race or special status. The suit also states that several eminent personalities who attained distinction in diverse activities were associated with it in some form or the other including as members of the Management/Managing Committee. It is claimed that acronym together with the logo was created in 1950. Initially the plaintiff society established one school at Mathura Road. Later it established schools at Rohini, Gurgaon and various other places. The plaintiff states that it has 12 Core Schools, 60 Satellite Schools. It also alleges that they are managing 6 schools abroad. The plaintiff states that apart from the DPS logo it has a distinctive crest design, associated with the society.

(3.) THE suit states that subsequently various discussions took place and another meeting was held in the residence of the District Magistrate, Ghaziabad on 08.09.1980. The Minutes of the meeting were recorded which marked the presence of Mr. Om Pathak, and others, who were interested in establishing a Delhi Public School at Ghaziabad. The said minutes of meeting have been produced; which states inter alia that the parties decided to visit three places to finalize a suitable site for the proposed school. An ad hoc committee comprising of M/s N.K. Bajaj, C.B. Aggarwal, H.L. Goel, Satish Mohan, Satish Kaura and Lt. Col (Retd.) Sadhu Singh was constituted. The plaintiff states that this Committee approached it formally along with certain proposals, seeking adequate financial backing. The plaintiff submits that a temporary site at Raj Nagar was approved till a permanent site was allotted; its Chairman Shri Dharam Veera was to use his good offices to secure an allotment from the Department of Industries, U.P. Government.