JAWAHAR ENGINEERING CO Vs. JAVAHAR ENGINEERING PRIVATE LIMITED

JUDGEMENT

(1.) The respondents filed a suit against the defendants on the basis of a registered trade mark claiming a perpetual injunction, passing off and rendition of accounts, on the Original Side of this Court. The claim of the plaintiffs was that they had a registered trade mark 'Javahar' in respect of diesel oil engines. According to the plaintiffs, the defendants had applied for registration of the trade mark 'Jawahar' in respect of diesel oil engines for the States of U.P., Punjab, Haryana, Bihar, Rajasthan and the Union Territories of Delhi and Chandigarh. This application No. 291514B was advertised in the Trade Mark Journal. The object of the suit was to injunct the defendants from using the trade-mark 'Jawahar' or a deceptively similar trade mark.

(2.) A preliminary issue was framed on the pleadings in the suit as follows:-

(3.) The defendants have appealed against the decision of the learned Single Judge and a preliminary objection has been raised regarding the maintainability of the appeal. It was urged by learned counsel for the appellants that the appeal is maintainable in view of the decision of the Supreme Court in Shah Babuhl Khimji v. Jayaben D. Kania and another, A.1.R. 1981, S.G. 1786, which has impliedly over-ruled the Full Bench decision of this Court regarding the scope of an appeal under the Letters Patent or Section 10 of the Delhi High Court Act applicable to this Court. It was also brought to our notice that the Full Bench decision had in a subsequent case been expressly over-ruled. We agree that this is the correct position.