CASTROL LIMITED Vs. AMIT SHAH

JUDGEMENT

(1.) Plaintiff has filed the present suit for permanent injunction, restraining infringement of copyright passing off, damages and delivery up. During the pendency of the suit, trade mark of the plaintiff 'ACTIV was registered and accordingly, an application for amendment of the plaint was filed, which was allowed and by way of amendment, the plaintiff has sought permanent injunction, restraining infringement of registered trade mark, copyright, passing off, damages and delivery up. The plaintiff No. 1, Castrol Limited is a company incorporated under the Laws of England and inter alia carries on business on a large and extensive scale in the manufacture, processing and marketing of high grade lubricating oil products in the United Kingdom and in several other countries all over the world. Plaintiff No. 1 also trades in anti-freezing components, hydraulic fluids, brake fluids, de-watering fluids, metal working and cutting oil and chemical cleaning materials.

(2.) On 30.5.2006, summons were issued in the suit and an ex parte ad interim injunction was granted in favour of the plaintiff. The interim injunction continues till date. Thereafter defendant No. 2 was proceeded ex parte vide order dated 5.7.2007. Subsequently, defendant Nos. 1, 3 and 4 were proceeded ex parte by an order dated 2.2.2010.

(3.) The plaintiff has also filed evidence of Mr. Murlidhar Balasubramanian, Senior Manager of plaintiff No. 2 and also the affidavit of Sh. Rajiv Gulati, Manager Trade mark of the plaintiff No. 2.