AHMED OOMERBHOY Vs. GAUTAM TANK

JUDGEMENT

(1.) THIS Regular First Appeal arises from the judgment of the original side, dated 24th December, 2010 whereby the suit of the appellants/plaintiffs was dismissed.

(2.) THE brief facts are that the appellants (hereinafter referred to as the "Plaintiffs") instituted the suit being CS(OS) No.806/2005 for permanent injunction against infringement of trade mark and passing off and the consequential relief of damages, rendition of accounts etc. against the respondents (hereinafter referred to as the "Defendants") who, allegedly, infringed the plaintiffs trademark ,,Postman by using of the mark ,,Super Postman in relation to edible groundnut oil.

(3.) THEREAFTER, issues were framed in the suit on 1st December, 2008 by the learned Single Judge. The plaintiffs were granted ten weeks time to file the evidence and the matter was put up before the Joint Registrar on 16 th March, 2009.