DHANANJAY RATHI Vs. SHREE VASU STEELS PRIVATE LIMITED

JUDGEMENT

(1.) Present application has been preferred on behalf of the Plaintiff to implead Members/Trustees of Rathi Research Centre (hereinafter referred to as the 'Centre ') as party Defendants to the present suit. Ordinarily, this Court would have sought reply to the application on behalf of the Defendants, however, the application is being decided without calling for a reply, in view of the common ground between the parties that the 'Centre ' is a necessary party in the present suit.

(2.) A short expose of facts required for the purpose of deciding the present application is that in and around the year 1942, three male members of Rathi Family namely, Mr. G.D. Rathi, Mr. K.L. Rathi and Mr. H.K. Rathi started a company called Rathi Steel Rolling Mills ( 'RSRM ') under the trademark RATHI, which was adopted as a trading name. In the year 1968, RSRM entered into a technical collaboration with M/s. TOR Istag Steel Corporation for manufacturing of TOR Steel Bars under the registered trademark RATHI. In 1969, RSRM split into two different groups and two companies were set up, namely, M/s. G.D. Rathi Steels Limited and M/s. K.L. Rathi Steels Limited.

(3.) On 22/10/1975, K.L. Rathi Steels Limited applied for and obtained registration for the trademark RATHI bearing registration No. 309435 in class 06 for certain items, while G.D. Rathi Steels Limited applied on 16/10/1980 for registration of the same mark in class 06. On 1/12/1982, the application was amended by limiting the registration to certain States and thereafter, the registration was granted for the mark RATHI bearing registration No. 367635 in class 06.