ANIL RATHI Vs. SANJOG STEELS PVT LTD

JUDGEMENT

(1.) I.A. 15128/2019 (under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC filed on behalf of the plaintiff) and I.A. 1269/2020 (under Order XXXIX Rule 4 read with Section 151 of the CPC filed on behalf of defendant No.9.) I.A. 1269/2020

(2.) Before dealing with the application, I shall state the facts in brief. The Rathi family is engaged in the business of manufacture and trading of various steel products including Steel bars, TMT bars etc., for more than 40-50 years. In and around 1942, the parent company, Rathi Steel Rolling Mills (RSRM, for short) was set up by Gordhan Das Rathi, Kanihya Lal Rathi and Hari Kishan Rathi in Loni Road, Shahdara, Delhi. In 1968, RSRM entered into a technical collaboration with M/s Tor Isteg Steel Corporation, Luxembourg through Tor Steel Research Foundation in India for manufacturing cold twisted deformed bars better known as TOR Steel Bars. The Company started rolling its Tor steel under the trademark 'RATHI'.

(3.) However, in 1969 RSRM was split into two units namely M/s G.D. Rathi Steels Ltd., and M/s K.L. Rathi Steels Ltd. Both the units were rolling the Tor steel with the brand 'RATHI'. M/s G. D Rathi Steels Ltd., was owned by the sons of Late G. D. Rathi, whereas, M/s K.L. Rathi Steel Ltd., owned by C.R. Rathi and family and H.K. Rathi and family. In the year 1970, the sons of Late G.D. Rathi established an Electric Arc furnace plant in Ghaziabad (Uttar Pradesh) in the name of M/s Rathi Ispat Ltd., and in the year 1972, a rolling mill in the name of M/s Rathi Udyog Ltd. in Ghaziabad (U.P). C.R. Rathi and H.K. Rathi established a steel plant under the name of Rathi Super Ltd. in Ghaziabad and Rathi Alloy Steel Ltd. in Alwar, Rajasthan.