SANJAY KAPUR Vs. DEV AGRI FARMS PVT. LTD

JUDGEMENT

(1.) IA No. 5961/2012 (Order 39 R. 1 & 2 CPC) & IA No. 7602/2012 (Order 39 Rule 4) in CS(OS) 851/2012

(2.) The plaintiffs state in the plaint that they set up their sole proprietorship concern 'Aap Ki Pasand' in 1981 and since then they made it the most reputed name in the luxury segment of the tea market. The plaintiffs further submit that in 1981, he innovated a new way and manner of packaging their tea. The innovative features and element of the said packaging included packing tea in a soft paper packet shaped in a rectangular sided cuboid. This packet is slipped into a fabric sleeve and is closed at top by a traditional drawstring/dori. The said pack is then decorated with ribbon and the label tied around the fabric bag. Lastly the finished and ornamented pack is slipped inside a glossy see-through poly sleeve. The plaintiffs claim to have carved a distinct niche for themselves in the tea market owing to the said unique packaging and excellent quality of products sold by them.

(3.) In 1981, it is stated that they opened their first tea boutique in Delhi. It is further stated that the plaintiffs' products have been exported to various countries, their products are sold in all duty free shops in India at International Airports and are also procured by the Cottage. Industries, Emporia in Delhi and Indian Tourism Development Corporation for their various outlets and supplied to Air India for its-in-flight sale. Some of the earlier orders were from Maurya Sheraton in 1984 and Hyatt Regency, Delhi in 1983 & 1934. Various other such examples are stated The details of the plaintiffs' turnover are given in para 12 of the plaint. As per the said para, the sales figure for the year 2010-11 is Rs. 5,49,68,752/- whereas the exports are nearly Rs. 76 lacs.