CASTROL LIMITED Vs. THAKUR DASSOCHANI

JUDGEMENT

(1.) The plaintiffs have filed the present suit for permanent injunction to restrain the infringement of their registered trade mark "CASTROL" by the defendant's adoption and use of the marks "CASTROL", "CASTROL GTX", "CASTROL CRB"; and for passing off, infringement of copyright, damages and delivery up against the defendants. By the order dated 30th May 2006, while issuing summons in the suit, an ex parte ad interim injunction was granted in favour of the plaintiffs. As none had appeared on behalf of defendant No. 4, defendant No. 4 was proceeded ex parte vide order dated 5th July 2007. The defendants 1, 2 & 3 remained unserved for quite some time and were finally served through publication and thereafter, on 9th February, 2009, defendants 1 & 3 were also proceeded ex parte as none appeared. The suit against defendant No. 2 was decreed on 28th April 2010 in terms of the undertaking furnished by defendant No. 2 to this Court.

(2.) The Plaintiff was then directed to lead ex parte evidence. Ex parte evidence has been filed. Plaintiff has filed the evidence of Mr. Murlidhar Balasubramanian, Manager Trade Marks of Plaintiff No. 2, on 3rd July 2010. The affidavit of Mr. Murlidhar Balasubramanian is exhibited as Ex. PW-1/A. Copy of the power of attorney in his favour by plaintiff No. 1 and plaintiff No. 2 are exhibited as PW-1/1 and PW-1/2 respectively.

(3.) Pw-1 has deposed that the plaintiff No. 1 Castrol Limited is a company incorporated under the laws of England and is inter alia carrying 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 countries all over the world. The plaintiff No. 1 also trades in anti-freezing compounds, hydraulic fluids, brake fluids, dewatering fluids, metal working and cutting oil and chemical cleaning materials.