ANSUL INDUSTRIES Vs. VINEET KUMAR

JUDGEMENT

(1.) This is an application filed by the defendants for vacation of interim order dated 11.06.2008 as confirmed by an order dated 16.12.2008. In order to dispose of the application, it would perhaps be necessary to notice the following facts:-

(2.) The plaintiff claims that it has been in the business of manufacturing and marketing chewing tobacco and other cognate allied goods since 1982 under the trade name "Udta Panchhi" (label). The genesis of the business is traced to a proprietorship concern started by Sh Krishan Bansal, father of Sh Anand Bansal who is the partner in the plaintiff firm. Sh Krishan Bansal had started the said business under the name of Bansal Tobacco Store. In 1994, Sh Anand Bansal changed the name to the present name i.e., M/s Ansul Industries on the death of the father in 1992 without any change in the activities, nature of business, assets and liabilities.

(3.) It appears that in 2001 a suit was instituted by one M/s Shiva Tobacco Company having its place of business located at Novelty Road, Ambala City, Haryana. M/s Shiva Tobacco Company instituted a suit against the present plaintiff in the District Court at Delhi. The suit was originally numbered as 330/2001. In the said suit, by an order dated 30.07.2005, the learned ADJ, Delhi had injuncted the plaintiff from using the trade mark "Udta Panchhi". An appeal was evidently preferred against the order dated 30.07.2005. This Court by an order dated 16.07.2007 dismissed the appeal.