LT FOODS LIMITED Vs. SULSON OVERSEAS PVT LTD

JUDGEMENT

(1.) By this order, I propose to dispose of the pending application filed by the plaintiffs under Order XXXIX, Rules 1 & 2 CPC, being I.A. No.7955/2011 in the above-mentioned suit for permanent injunction restraining the infringement of trade mark, passing off, rendition of accounts of profits/damages, delivery up, acts of unfair competition etc.

(2.) The case of the plaintiffs is that plaintiff No.1 earlier known as LT Overseas Limited, was incorporated in the year 1990. The plaintiff No.1 is in the business, inter-alia of processing, marketing and exporting rice. It is a Rupees 700 crore company and is one of the leaders in the food products business. The plaintiff and its group companies own 5 state of art ultra modern rice plants. The plaintiff No.1 is ranked among the top 10 food processing companies in Northern India, and among the top 50 companies by Dun and Bradstreet 8 th Edition of India's Top 500 Companies, 2007.

(3.) It is submitted that the plaintiff No.1 has also made inroads into 43 countries across the globe including markets, like USA, Canada, UK and EU. In order to strengthen its presence in the global market, the plaintiff No.1 acquired Kusha Inc in 2007; Kusha Inc has a 42% share in the US market, giving plaintiff No.1 a combined share of 52% of the US rice market. This was also the first by an Indian Rice Company.