PRABHU SHANKAR AGGARWAL Vs. ANAND KUMAR DEEPAK KUMAR

JUDGEMENT

(1.) In these three separate appealss appellants have challenged the legality and validity of the order passed on 8/5/2000. By the said order while issuing notice, returnable on 12/7/2000 learned Single Judge restrained the appellants from carrying on any business of salted preparation like Bhujia, Papar and Sweets under the trade name of "HALDIRAM BHUJIAWALA" in any territory of India except in the territory of West Bengal.

(2.) Facts in brief leading to the passing of the impugned order and of filing of appeals are being narrated to the extent to which theyare relevant for the purpose of deciding these appeals. On 10/12/1999 a suit was filed by M/s. Anand Kumar Deepak Kumar and another (respondent 1 and 2 in these appeals) against two defendants, who were described as under:-

(3.) In the said suit filed in the Court of District Judge, Delhi decree was claimed against the two defendants restraining them, their partners, servants, agents, dealers, representatives, legal heirs and all others acting for and on their behalf from infringing the trade mark No.285062 and from using the trade mark/trade name "HALDIRAM BHUJIA WALA" and/or any other name/mark as may be identical and/or deceptively similar to the plaintiff's trade mark/trade name HALDIRAM BHUJIA WALA and from doing any act as is likely to cause confusion and deception amounting to oassing off. The decree was claimed, on the basis of which the plaintiff's having allegedly acquired title to the trade mark/trade name inter alia stating that the four sons of Mool Chand have been duly recorded as joint proprietor of the trade mark HALDIRAM BHUJIA WALA registered under No.285062: the said mark has been duly renewed and is valid and subsisting; Plaintiff No.1 is the joint proprietor of the trade mark Haldiram Bhujia Wala' duly registered under the provisions of Trade and Merchandise Marks Act, 1958: Plaintiff No.2 is also the joint owner of the trade mark in question,therefore, he has been joined as co-plaintiff. In para 7 of the plaint, the immediate case or filing the suit against defendant was stated as under:-