PARLE AGRO PVT LTD Vs. P RABH FOODS

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for permanent injunction to restrain defendants from infringement of trade -mark and copyright and for relief of damages / rendition of accounts and delivery up against the defendants. Vide order dated 11.08.2009 this court had granted ex parte ad interim injunction in favour of the plaintiff and against the defendant in terms of prayer (a) of the suit.

(2.) THE defendants were duly served with summons in the suit and notice in the application. The written statement was filed by the defendants and thereafter since the defendants stopped appearing in the matter, the defendants vide order dated 27.09.2011 were proceeded ex parte. Plaintiffs have filed ex parte evidence by way of affidavit of Mr.Sanjiv Kiyawat. The affidavit of Mr.Sanjiv Kiyawat is exhibited as Ex.PW -1/A. Mr.Sanjiv Kiyawat has deposed that he is working with plaintiff no.1 as Sr. Manager and has been duly authorized by the plaintiffs vide Power of attorney dated 12/07/2010; and he is conversant with the facts of the case, thus competent to depose the affidavit. Copy of the Board Resolution is exhibited as Ex -PW1/1.

(3.) PW -1 has also deposed that present suit was filed by Mr.Sanjay Sharma, the erstwhile Manager Legal of the plaintiffs who was the constituted attorney for both the plaintiffs and he was duly authorized to sign and verify the plaint, to file the suit and institute the instant proceedings on behalf of the plaintiffs. This witness has also deposed that the defendant No.1 is a business entity known as M/s Prabh Foods having their place of business at 131 Industrial Area, Sector 27 -28, Hisar and defendant no.2 is one of the partners of the firm.