CASTROL LTD. Vs. PANDIT OIL COMPANY

JUDGEMENT

(1.) The plaintiff has filed the present suit for permanent injunction, infringement of trade marks and copyright, passing off, damages and delivery up. Summons were issued in the suit on 4.05.2007. Counsel for the defendant no.2 and defendant no.5 entered appearance on 14.9.2007. Written statement was filed on behalf of defendant no.5 on 18.2.2008. Since none appeared on behalf of defendant no.3 and defendant no.4, on 14.9.2007 and again on 18.2.2008 despite service, defendants no.3 and 4 were proceeded ex parte vide order dated 18.2.2008. Fresh summons were issued for defendant no.1 and 2 on 18.2.2008. Written statement was filed by defendant no.2 on 8.7.2008. Since none appeared on behalf of defendant no. 1 despite issuance of summons on various occasions and service, defendants no. 1 was also proceeded ex parte on 17.01.2013. After filing his written statement, defendant no. 5 failed to carry out admission/denial of documents despite several opportunities being granted. Eventually, defendant no. 5 stopped appearing from 09/11/2012 onwards, and defendant no.5 was also proceeded ex-parte on 17.01.2013.

(2.) On 26.4.2013 a statement was made by counsel for the plaintiffs that he has instructions to withdraw the prayers made in paragraph 33 (d), (e) and (f) of the plaint. It was submitted by counsel for the defendant no.2 that he has no objection if the present suit is decreed, in terms of paragraph 33 (a), (b) and (c) of the plaint. Accordingly, the suit was decreed in favour of the plaintiffs and against defendant no. 2 in terms of para 33 (a), (b) and (c) of the plaint.

(3.) Plaintiffs have filed evidence by way of affidavit of the Constituted Attorney of the plaintiff no. 1 and Head-Trade Marks of plaintiff no.2, namely, Mr. Murlidhar Balasubramanian. He has deposed that plaintiff No.1 Castrol Limited is a company incorporated under the laws of England and having its registered office at Burmah House, Pipers Way, Swindon Whiltshire SN3 1RE, U.K. He has further deposed that the plaintiff No.1 is inter-alia, carrying on business on a large and extensive scale of manufacturing, processing and marketing of highgrade lubricating oil products in the United Kingdom and in several countries all over the world. The plaintiff No.1 also trades in antifreezing compounds, hydraulic fluids, brake fluids, dewatering fluids, metal working and cutting oil and chemical cleaning materials.