JINDAL INDUSTRIES LIMITED Vs. SAMANA STEELS LIMITED

JUDGEMENT

(1.) This order is to dispose of the application filed by the plaintiff under Order 39 Rules 1 & 2 read with Section 151, Civil Procedure Code, praying that the defendants, their servants, agents, dealers and representatives be restrained from carrying on their business as manufacturers or vendors of black and galvanised steel pipes and tubes under the trade mark 'BINDAL' alongwith the device of the map of India or any other identical and/or deceptively similar trade mark and also from passing off their goods under the offending trade mark/label entitled 'Bindal' alongwith the device of the map of India or under any other mark/label identical and/or deceptively similar to the mark, label or device of the plaintiff.

(2.) M/s. Jindal Industries Ltd. has filed a suit for perpetual injunction restraining the defendants from using the trade mark 'Bindal' with the device of map of India in respect of manufacture and sale of galvanized steel pipes and tubes, similar to that of the plaintiff and from passing off their goods, thereby causing loss and damage to the plaintiff. A prayer has also been made for rendition of accounts.

(3.) Briefly stated, the averments made in the plaint have been that the plaintiff is a company duly incorporated under the provisions of the Indian Companies Act, 1956 and Shri B.B. Pradhan, who is the General Manager of the plaintiff company is connected with the affairs of the plaintiff, has been authorized by it to sign, verify and file this suit.