LAWS(DLH)-2001-9-134

PLASTINDIA FOUNDATION Vs. AJEET SINGH

Decided On September 20, 2001
PLASTINDIA FOUNDATION Appellant
V/S
AJAY SINGH Respondents

JUDGEMENT

(1.) This application is filed by the plaintiff invoking the provisions of Order XXXIX Rules 1 and 2 as well as Section 151 of the Code of Civil Procedure. Ad-interim injunction is prayed for during the pendency of the main suit filed by the plaintiff. Main suit is for permanent injunction, restraining passing off, rendition of accounts or profit, delivery up, etc.

(2.) The plaintiff, PLASTINDIA FOUNDATION, is a registered trust under the Bombay Trust act, 1950 having registration No.F-12156. The plaintiff trust was organised and formed in the year 1987, as an apex body of associations of all the leading organisations and institutes concerned, directly or indirectly with the manufacture, sale and or promotion of plastics, their related materials and products in India. The membership of the plaintiff organisation consists of: i) Founder Members, who are associations, organisations or Institutions which are interested, directly or indirectly in serving the wider objectives and sectors of the plastic industry, related materials and their products. These members have an All-India character as their members are drawn from all over the country. There are, in all, seven Founder member organisations, associations and institutions, which together have a membership of around 8500 individual members or companies. ii) Patron members, are Undertakings, incorporated or otherwise, connected directly or indirectly with the plastic and/or related material industry. In all, there are 12 such members.

(3.) It thus claimed that all known and reputable manufacturers, marketeers, traders, processors, mould and machinery manufacturers of plastics and related products, are directly or indirectly connected with the plaintiff foundation. The plaintiff trust, as part of its main objectives is involved in the rendering of the following services:-